Shaw v. . Burney
Supreme Court of North Carolina
Civil ActioN tried on appeal at November Special Term, 1881, of Halifax Superior Court, before Qilmer, J. The plaintiff appealed.
1Opinion of the CourtSmith, C. J.
The plaintiff sues to recover the sum of $125, with interest from February 5th, 1872, due on the defendant’s bond, and in reply to the answer setting up a discharge in bankruptcy as a bar to the action, alleges a new and subsequent promise to pay the debt. Upon this only issue submitted to the jury, the plaintiff testified that about the middle of May, 1881, the defendant came to his store and said that “ the plaintiff’s debt was an honest debt — it had more than any other, relieved himand holding up a deed, he added, “ that he got the money to make the last payment on the land mentioned in…
2Cases cited4 opinions
- Riggs v. . RobertsSupreme Court of North Carolina · 1881
- Fraley v. . KellySupreme Court of North Carolina · 1872
- Kirby v. . MillsSupreme Court of North Carolina · 1878
- Parker v. . ShufordSupreme Court of North Carolina · 1877
3Cited by8 opinions
- Russell v. Sunburst Refining Co.Montana Supreme Court · 1928
- Harvey v. BodmanSupreme Court of Alabama · 1925
- Peoples Bank & Trust Co. v. Tar River Lumber Co.Supreme Court of North Carolina · 1942
- Cauley v. . DunnSupreme Court of North Carolina · 1914
- Islay v. . StewartSupreme Court of North Carolina · 1838
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