Green v. . the North Carolina Railroad Co.
Supreme Court of North Carolina
Civil aotioN, tried before Henry, JT, at January (Special) Term, 1875, Wake Superior Court. The plaintiff alleged that during the years lSGS-’bi-’GS, and previous to the 1st of May, 1866, at the request of the defendant he delivered for the use of the defendant twenty-four hundred cords of pine wood, standing in the woods, which defendant cut and carried away. Defendant agreed to pay whatever the wood was worth, and that it was worth fifty cents per cord.
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Civil aotioN, tried before Henry, JT, at January (Special) Term, 1875, Wake Superior Court. The plaintiff alleged that during the years lSGS-’bi-’GS, and previous to the 1st of May, 1866, at the request of the defendant he delivered for the use of the defendant twenty-four hundred cords of pine wood, standing in the woods, which defendant cut and carried away. Defendant agreed to pay whatever the wood was worth, and that it was worth fifty cents per cord. Defendant has paid nothing for the wood, and demand of payment has been made. The defendant demurred to the complaint, and the Court…
1Opinion of the CourtSettle, J.
The defendant assigns two causes of demurrer to the plaintiff’s complaint:
1st. “That it appears upon the face of the complaint that the cause of action on which the plaintiff brings his said action, did not accrue to plaintiff within three years next preceding the commencement of said action.”
The contract under which the defendant took the wood from the land of the plaintiff was made as early as 1863. The statute of limitations did not commence to run against such contracts until the 1st day of January, 1870, and this action was commenced on the 31st day of December, 1870. So the action is in…
2Cases cited1 opinion
- State Ex Rel . Lippard Wife v. . TroutmanSupreme Court of North Carolina · 1875
3Cited by21 opinions
- Ives v. RailroadSupreme Court of North Carolina · 1906
- Green v. North Carolina RailroadSupreme Court of North Carolina · 1877
- Winston v. Williams & McKeithan Lumber Co.Supreme Court of North Carolina · 1947
- Drake v. . HowellSupreme Court of North Carolina · 1903
- Drake v. HowellSupreme Court of North Carolina · 1903
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