Sanders v. Hamilton

Stagy, O. J.

The correctness of the ruling on the statute of limitations turns on the validity of the credits entered by plaintiff on the notes in suit 12 January, 1938. This was a matter for the jury under proper instructions from the court. Lee v. Manley, 154 N.C. 244, 70 S.E. 385; Miller v. Womble, 122 N.C. 135, 29 S.E. 102; Young v. Alford, 118 N.C. 215, 23 S.E. 973.

The contention that the whole of the compromise settlement should first be used to repay the money loaned with interest before any part of the settlement could be applied to the real estate notes would seem to overlook the…