Ervin v. . Brooks
Supreme Court of North Carolina
This was a civil actioN, tried at the Spring Term, 1892, of ONslow Superior Court before Winston, J. The facts are stated in the opinion.
1Opinion of the Court
Shepherd, C. J.:
This action was commenced on the 16th of June, 1890, and is founded upon a bond executed by the defendant’s intestate on the 25th of November, 1872, and payable to John A. Ervin or order.. There being no time specified for the payment it was due at once, and the statute of limitations began to run from its date. Caldwell v. Rodman, 5 Jones, 139; Little v. Dunlap, Busb, 40; Angell Stat. Lim., 114. This being so, and there being no partial payments, nor any written promise or acknowledgment, it is plain that the bond was barred by the statute, even before the death of the…
2Cases cited3 opinions
- King v. . RhewSupreme Court of North Carolina · 1891
- Clayton v. . CagleSupreme Court of North Carolina · 1887
- Chancey v. . PowellSupreme Court of North Carolina · 1889
3Cited by5 opinions
- Causey v. . SnowSupreme Court of North Carolina · 1898
- Sutton v. . JenkinsSupreme Court of North Carolina · 1908
- Shields v. PrendergastCourt of Appeals of North Carolina · 1978
- Helms v. PrikopaCourt of Appeals of North Carolina · 1981
- White v. . ScottSupreme Court of North Carolina · 1919