Green v. . Caldcleugh
Supreme Court of North Carolina
This was an action of assumpsit, tried at Davidson, on the last Circuit before his Honor Judge Norwood. The declaration contained counts for work and labour done in the service of the defendant’s testator; goods, wares, and merchandize sold and delivered, and moneys paid to the use of the testator. Pleas, — set-off; and the statute of limitations. To the last plea the plaintiff replied, that the defendant’s testator assumed within three years before the issuing of the writ.
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This was an action of assumpsit, tried at Davidson, on the last Circuit before his Honor Judge Norwood. The declaration contained counts for work and labour done in the service of the defendant’s testator; goods, wares, and merchandize sold and delivered, and moneys paid to the use of the testator. Pleas, — set-off; and the statute of limitations. To the last plea the plaintiff replied, that the defendant’s testator assumed within three years before the issuing of the writ. The plaintiff offered evidence to establish his "account, and to show the value of his services, which commenced in 1821…
1Opinion of the Court
Daniel, Judge,
after stating the case as above, proceeded : — It has been decided, that if there be mutual running accounts on each side, then a new item in either account, within three years, may take the whole account, on both sides, out of the statute; each party in that case, being considered as having suspended the application for payment, on his side, of the demand, in faith of the mutual dealings. 1 Chitty’s Prac. 777. Catling v. Skoulding, 6 Term Rep. 189. Peake’s Rep. 121. 2 Saund. Rep. 125, 127, notes 6 and 7. But it seems to us, that the true principle to be extracted from these…
2Cited by7 opinions
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- Northcot v. . CasperSupreme Court of North Carolina · 1849
- English Lumber Co. v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1920
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