Robertson v. . Pickrell
Supreme Court of North Carolina
' Civil AotioN, tried at Spring Term, 1877, of Halifax Superior Court, before Buxton, J. The defendant contracted to build the Williamston and Tarhoro Railroad, and employed the plaintiff, who performed labor and furnished materials in the construction of the same under a contract with the defendant. This action was-brought on the 4th of October, 1873, to recover the amount-due, and-was referred to Thos.
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' Civil AotioN, tried at Spring Term, 1877, of Halifax Superior Court, before Buxton, J. The defendant contracted to build the Williamston and Tarhoro Railroad, and employed the plaintiff, who performed labor and furnished materials in the construction of the same under a contract with the defendant. This action was-brought on the 4th of October, 1873, to recover the amount-due, and-was referred to Thos. N. Hill, Esq., who submitted a report deciding the issues in favor of the plaintiff and giving judgment for the sum demanded: The Referee stated among other things, that no evidence of the…
1Opinion of the Court
Reads J.
It is settled that where there is a running account, all on one side, the statute of limitations begins to run on each item from its date ; but where there are mutual accounts, the statute begins to run only from the last dealing-between the parties. In regard to other matters the rule is,, that the statute begins to run from the time when the cause of action accrued.
¥e are of the opinion that in this case a cause of action accrued to the plaintiff at the end of each month for the-amount due for that month, and that three years from that’ date it was barred. ■ -
It follows that only…
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