Lester Piano Co. v. Loven

Is tbe plaintiff, under tbe above facts in tbis claim and delivery proceeding, barred by tbe tbree-year statute of limitation? We tbink so.

N. C. Code, 1931 (Michie), sec. 441 (1) and (4), are as follows: “Witbin three years an action — (1) Upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in tbe preceding sections. . . . (4) For taking, detaining, converting or injuring any goods or chattels, including action for their specific recovery.”

In Battle v. Battle, 116 N. C., 161 (163-164), it is said: “Tbe Code, sec. 172 (C. S., 416),…