Parker v. . Shuford
Supreme Court of North Carolina
Praetiee — Statute of limitations. Civil ActioN, tried at Fall Term, 1876, of Hedele Superior Court, before Buxton, J. This suit was commenced in the lifetime of John J. Shuford the intestate of defendant.
Read the full summary
Praetiee — Statute of limitations. Civil ActioN, tried at Fall Term, 1876, of Hedele Superior Court, before Buxton, J. This suit was commenced in the lifetime of John J. Shuford the intestate of defendant. The plaintiff alleged that his testator John Miller loaned to the firm of Clark, Shuford & Co., of which John J. Shuford was a member, the sum of $1,624 and took their note for the same, dated January 30th, 1858, and that thereafter (March 1, 1862,) upon settlement of the 'firm business, the intestate of defendant took possession of certain partnership effects under an agreement in writing…
1Opinion of the CourtReade, J.
To take a case out of the operation of the statute of limitation there must be an express promise to pay, or an acknowledgment of a subsisting debt from which a promise to pay may be implied.
The plaintiff does not controvert that ’principle, but he insists that there was an express promise here in this; that the defendant offered to pay the plaintiff' in depreciated cur-' rency which the plaintiff refused to take.
It is expressly decided in Simonton v. Clark, 65 N. C. 525, that that is not sufficient.
The plaintiff further insists that when the defendant and others, partners, settled up their…
2Cases cited3 opinions
- Morehead v. WristonSupreme Court of North Carolina · 1875
- Simonton v. . ClarkSupreme Court of North Carolina · 1871
- Ringo v. BrooksSupreme Court of Arkansas · 1871
3Cited by8 opinions
- Hussey v. . KirkmanSupreme Court of North Carolina · 1886
- Peacock v. . WilliamsSupreme Court of North Carolina · 1887
- Peoples Bank & Trust Co. v. Tar River Lumber Co.Supreme Court of North Carolina · 1942
- City of Houston v. JankowskieTexas Supreme Court · 1890
- Kirby v. . MillsSupreme Court of North Carolina · 1878
3 more not listed; retrieve them via the Exa API.