Whitehurst v. . Day
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1883, of Currituck Superior Court, before Shepherd, J. The action was brought to recover an amount alleged to be due upon an open account. The court held that the statute of limitations did not bar the claim, and gave judgment against the defendant, from which he appealed.
1Opinion of the CourtSiiith, C. J.
James M. Eerebee, the testator of the defendant, died in November, 1874, having become indebted to the plaintiff in the sum of $183.61, upon an account contracted and which fell due in April of the year preceding. Upon tbe issuing of letters testamentary on the decedent’s estate soon there after, the plaintiff made out and presented bis claim, supported by oath, to the defendant, who accepted the same without objection and filed it among the papers of the estate, promising then, and often afterwards repeating the promise, to make payment out of the assets in his hands.
Failing to do so, the…
2Cases cited8 opinions
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