59-80. Effect of failure to present claim in six months.
In an action brought on a claim which was not presented within six months from the first publication of the general notice to creditors, the surviving partner shall not be chargeable for any assets that he may have paid in satisfaction of any debts before such action was commenced, nor shall any costs be recovered in such action against the surviving partner. (1901, c. 640, s. 5; Rev., s. 2544; C.S., s. 3283; 1973, c. 1410, s. 3.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 3 - Surviving Partners.
§ 59-74 - Surviving partner to give bond.
§ 59-75 - Effect of failure to give bond.
§ 59-76 - Surviving partner and personal representative to make inventory.
§ 59-77 - When personal representative may take inventory; receiver.
§ 59-78 - Notice to creditors.
§ 59-79 - Debts paid pro rata; liens.
§ 59-80 - Effect of failure to present claim in six months.
§ 59-81 - Procedure for purchase by surviving partner.
§ 59-82 - Surviving partner to account and settle.