11 N.C. 44 | N.C. | 1825
The defendants pleaded the general issue, conditions performed, and the statute of limitations of 1810.*
To the plea of the statute of limitations plaintiff replied a promise by the defendants within three years; and at Spring Term, 1825, the cause came on for trial before Badger, J., when the jury returned a special verdict as follows: They find the writing obligatory declared on to be the act and deed of the defendants (naming them), that the condition of the said obligation has not been performed, but broken in this, that Slade Pearce, in said obligation named, returned to the court of pleas and quarter sessions of Beaufort County a certain fieri facias, at the instance of Thomas Ellison, against Henry Adams, at March Term, 1809, of said court, "Satisfied," and did not then, nor hath at any *21 time since, paid the moneys into court or to any person authorized (45) to receive the same. They further find that no demand was made against Slade Pearce in his lifetime, but that since his death and within a year before the commencement of this suit a demand was made against the administrator of said Pearce; that Frederick Grist (who was one of the sureties to the bond) "died in 1811; that no demand was made upon any of the other parties to the bond, or their representatives, before the commencement of this action, except on Walter Hanrahan; that a demand was made on him within a year before the commencement of this suit, and the said Walter promised to pay the same."
On these facts the court held that the plaintiff should take nothing by his writ, and that the defendants go thereof without day. Whereupon the plaintiff appealed.
The rest of the Court being of the same opinion,
Affirmed.
Cited: Wagstaff v. Smith,