Kilpatrick v. . Kilpatrick

Our statute (C. S., 416) provides that no acknowledgment - or promise is evidence of a new or continuing contract, from which statute of limitations runs, unless it is contained in some writing, signed by the party to be charged thereby, “but this section does not alter the effect of any payment of principal or interest.” And in our decisions construing the section it is held that the same does not restrict or modify in any way the effect of a payment under the general principles prevailing in this jurisdiction when the statute was enacted. Battle v. Battle, 116 N. C., 161; Bank v. Harris, 96…