Little v. . Shores
Supreme Court of North Carolina
1Opinion of the CourtBabNhill, J.
Each payment made on the account stopped the running of the statute of limitations against all prior items then within date, and the payment made in November, 1938 — the first payment made after the last delivery of milk — fixed a new terminus a quo for the beginning of the running of the statute of limitations as to all items of the account which had been kept in date by payments theretofore made.
“So a partial payment, though the evidence need not be in writing, being an act and not a mere declaration, revives the liability because it is deemed a recognition of it and an assumption anew of…
2Cases cited11 opinions
- Roy v. King's EstateMontana Supreme Court · 1919
- Cashmar-King Supply Co. v. Dowd & KingSupreme Court of North Carolina · 1907
- Hewlett v. . SchenckSupreme Court of North Carolina · 1880
- Copland v. Wireless Telegraph Co.Supreme Court of North Carolina · 1904
- Duerr v. Sloan.California Court of Appeal · 1919
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Mazda Motors of America, Inc. v. Southwestern Motors, Inc.Supreme Court of North Carolina · 1979
- Nello L. Teer Company v. Dickerson, Inc.Supreme Court of North Carolina · 1962
- Whitley's Electric Service, Inc. v. SherrodSupreme Court of North Carolina · 1977
- Carroll v. McNeill Industries, Inc.Supreme Court of North Carolina · 1978
- Paine, Webber, Jackson & Curtis, Inc. v. StanleyCourt of Appeals of North Carolina · 1983
9 more not listed; retrieve them via the Exa API.