Merchants & Planters National Bank of Sherman v. Appleyard

The court below rendered judgment on the pleadings. This in itself presents a question worthy of some *153consideration. Tbe answer contains an unequivocal denial that defendant is indebted to plaintiff in any amount. He likewise pleads our three-year statute of limitations, and it appears that this action was instituted more than three years after plaintiff’s cause of action accrued. G.S. 1-15, G.S. 1-52. While the briefs filed and arguments made by counsel disclose that plaintiff is relying on the provisions of G.S. 1-21, plaintiff does not allege in reply that the statute was tolled by the…