Ferguson v. . Taylor

Superior Court of North Carolina

Ferguson v. . Taylor

2 N.C. 20

DecidedApril 5, 1793

StatusPublished

This text of 2 N.C. 20 (Ferguson v. . Taylor) is published on Counsel Stack Legal Research, covering Superior Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ferguson v. . Taylor, 2 N.C. 20 (N.C. Ct. App. 1793).

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Opinion

Here is no acknowledgment of the debt, but only acknowledgment it was not paid. There must be an acknowledgment of the debt. The authorities cited, which are 2 Burr., 1097, and Doug., 652, went upon the acknowledgment of the debt, not of a fact which shows it to be unsatisfied; and the jury found accordingly.

See, also, Bank v. Sneed, 10 N.C. 500, in which counsel took an extended view of all the cases upon the subject, and the Court recognized the principle of those which require an acknowledgment of a present subsisting debt to take a case out of the statute.

Cited: Wells v. Hill, 118 N.C. 907.

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Here is no acknowledgment of the debt, but only acknowledgment it was not paid. There must be an acknowledgment of the debt. The authorities cited, which are 2 Burr., 1097, and Doug., 652, went upon the acknowledgment of the debt, not of a fact which shows it to be unsatisfied; and the jury found accordingly.

See, also, Bank v. Sneed, 10 N.C. 500, in which counsel took an extended view of all the cases upon the subject, and the Court recognized the principle of those which require an acknowledgment of a present subsisting debt to take a case out of the statute.

Cited: Wells v. Hill, 118 N.C. 907.

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2 N.C. 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferguson-v-taylor-ncsuperct-1793.

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