The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-09-23

and delivered to him his prOmissory notf
under seal for the sum of So 900, pay
able in 30 days and bearing interest a.
8 per cent as a compromise settlement
for the amount and thereafter to accrue
to the plaintiff under the contract which
he and DR.. Lawrence signed in January
1868.
However, the plaintiff contends that
| DIR. Lawrence never took up the note
| for shortly after its execution he was
| adiudged bankrupt in the State of Nir-
ginia, but he paid $1,000 on the note
| and the defendant thinks it was after
his bankruptcy.
Since this note was not paid accord
ing to the plaintiffs complaint, the de-
PENDANT executed a second in June, 1869,
bearing s per cent in place of the former
note. In closing the plaintiff demands:
1. That he recover of the defendant
the sum of $4,000 with interest at s
per cent from June, 1869, till paid.
. That he recover the further sum of
$17.500 with interest from September,
1868, till paid.
3. That he recover costs of further re-
lief.
In answering the complaint the defend
ant, j. j. Lawrence acknowledges that
in the year 1868, a written contract was
executed but he demands that the ORR
ginal contract be produced since he is
unable to say whether the language set
forth in the complaint is correct. He
denies that the plaintiff paid the $4,000
to him as alleged.
The DEFENDANT denies the second ale
CATION that he manufactured and sold
the medicine in large quantities and
that he sold the patent right to Clements
for $4,000, and he says further that
he was not the agent Of M. J. Edwards,
and did not at any time have the said
sum of money ($17,50O), or any other
sum belonging to Edwards in his pos
session or under his control. He not only
says that he never had this sum, but he
denies that the plaintiff has ever de-
manded Of him payment of the $780,
He says that it is true that in Sep
temhcr, 1868, he executed his promisso-
ry note to the plaintiff for $4,000 pay
able in 80 days, but denies that it was
under seal or bore interest at 8 per cent
He contends that the note was given in
full and complete settlement of all
claims and'demands of every kind which
the plaintiff claimed or had against him
by reason of and on account of all con-
tracts, dealings and transa ctons between
them in respect of the compound Ex-
tract of Rosadalis," or any and all rights
In, to or concerning the proceeds thereof
and III full satisfaction and release in or
concerning the proceeds thereof
The defendant admits that he paid
$1,000 on this note, but denies that it
was after he was adjudged a bank
rupt.
Dr. Lawrence denies that he executed
and delivered to the plaintiff the second
note which the plaintiff claims was made
in June, 1869.
Inc defendant answers further by way
of defense that December, Both. 1868.
he filled his petition in bankruptcy in the
District Court of the United States for
the District of Virginia, and was duly
adJudged bankrupt, and he appends the
order of discharge of June .. 1869.
whereby he was discharged from all
debt and claims which were by said act
made payable against his estate and
which existed December 80 1865.
October p, 1875 he filed his petition
of bankruptcy in United States District
court for the Eastern district of North
Carolina, and an order of discharge was
made April %, 1878. These two orders
Of discharge are plead in bar of action
which the plaintiff has set forth.
In closing he also pleads the statutes
or limitation to the several causes of
action, accrued, if at all; more than 10
ana more than years prior to the be-
ginning of the action according to the
reply.