Allsbrook v. . Walston

The defendant having pleaded the statute of limitations, the burden was on the plaintiff to show that his suit was commenced within the requisite time from the accrual of the cause of action, or that otherwise it was not barred. Rankin v. Oates, 183 N. C., 517, 112 S. E., 32; Drinkwater v. Tel. Co., 204 N. C., 224, 168 S. E., 410. “Upon the plea of the statute of limitations the burden is upon the plaintiff to show or to offer evidence tending to show that he has brought a live claim to court” — Brogden, J., in Savage v. Currin, 207 N. C., 222, 176 S. E., 569.

It is conceded that if the note…