Caldwell v. . Rodman
Supreme Court of North Carolina
This was an action of ''assumpsit, tried before MaNly, J., at the last Fall Term of Guilford Superior Court. The action Avas brought on the following promissory note, viz: “ $206,65. Neav York, May 8th, 1849. On demand, I promise to pay to the order of Mr. Jacob Best, two hundred and six 66-100 dollars, with interest, for value received.” One of the questions made upon the trial was whether the statute of limitations, which was pleaded, ran from the date or from the demand.
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This was an action of ''assumpsit, tried before MaNly, J., at the last Fall Term of Guilford Superior Court. The action Avas brought on the following promissory note, viz: “ $206,65. Neav York, May 8th, 1849. On demand, I promise to pay to the order of Mr. Jacob Best, two hundred and six 66-100 dollars, with interest, for value received.” One of the questions made upon the trial was whether the statute of limitations, which was pleaded, ran from the date or from the demand. The Court, being of opinion that it ran from the date, instructed the jury to that effect. The plaintiff excepted.…
1Opinion of the CourtNash, C. J.
The question presented to the Court in this case, arises under the statute of limitations, which is pleaded by the defendant, and which provides that all actions on the case shall be brought within three years next after the cause of action accrued. The only question for us, is as to the time when the plaintiff’s cause of action accrued. The note in question is made payable on demand, and is dated the 8th of May, 1849. The writ issued on 30th of <. October, 1854. The defendant contends that the plaintiff’s cause of action arose immediately upon the execution of tire note ; of which opinion…
2Cited by9 opinions
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- Causey v. . SnowSupreme Court of North Carolina · 1898
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- Shields v. PrendergastCourt of Appeals of North Carolina · 1978
- Helms v. PrikopaCourt of Appeals of North Carolina · 1981
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