Civil ActioN, tried at Jane Special Term, 1877, of New TIanover Superior-Court, before Seymour, J. The demurrer of defendant admits the facts as alleged in the complaint, and they are these:— On the 30th of July, 1861, David, Daniel and Jacob Kahnweiler were merchants and co-partners in business in the City of Wilmington, North Carolina, under the name of Kahnweiler & Brothers, and on that day were indebted to the plaintiff, Karl Kahnweiler, in the sum of $1900, the said…
Good law ✅— No negative treatment on recordhow we know
Decided 1878-01-05
How this case has been cited
Cited by 4 later decisions — most recently January 1922
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶1Dissenting. While I concur in the disposition made by the Court of this cause, on the authority of Green v. N. C. R. R. Co., 73 N. C. 524, I think the plaintiff’s action is barred by the statute of limitations.
¶2When the defendant withdrew and apprQpriated to his own use the fund which by his draft he had assigned to the plaintiff', he violated an implied contract that the money should remain to meet the draft, and became instantly liable to an action.
¶3*144Nor was the operation of the statute suspended until he ¡knew of the defendant’s receiving ■ and misapplying the ?money, as under the former practice his remedy would have "been an action at law, and not exclusively if at all cognisable in a Court of Equity. C. C. P. § 34 (9). Blount v. Parker, ante, 128.
