Riggs v. . Roberts
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1881, of Orange Superior Court, before Avery, J. The action was commenced on December 3rd, 1879, before a justice, to recover the amount due on a bond -executed on November 2, 1868, by Nelson Rhew, the intestate of the defendant, to the plaintiff in the sum of $178, to which is set up in defence, the discharge of the intestate in bankruptcy and the bar of the statute of limitations.
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Civil Action tried at Spring Term, 1881, of Orange Superior Court, before Avery, J. The action was commenced on December 3rd, 1879, before a justice, to recover the amount due on a bond -executed on November 2, 1868, by Nelson Rhew, the intestate of the defendant, to the plaintiff in the sum of $178, to which is set up in defence, the discharge of the intestate in bankruptcy and the bar of the statute of limitations. In answer to the defence, the plaintiff relies on subsequent recognitions of a continuing liability and partial payments made on the indebtedness. To sustain his replication the…
1Opinion of the Court
Smith, O. J.
A strict construction of the record would confine us to a consideration of the ruling of the court in refusing to admit the testimony of the intestate’s declarations as to his indebtedness, and of his offer of land in its satisfaction, as he was unwilling to submit his case to the jury upon the other proofs given.
The exception to this ruling so far as it.affects the application of the statute of limitations to the claim, is disposed of by section 51 of the Code, which declares that “ no ac knowledgment or promise shall be received as evidence of a new or continuing contract…
2Cases cited4 opinions
- Green v. Greensboro Female CollegeSupreme Court of North Carolina · 1880
- Faison v. . Bowden, Ex'r.Supreme Court of North Carolina · 1875
- Fraley v. . KellySupreme Court of North Carolina · 1872
- Henly v. . LanierSupreme Court of North Carolina · 1876
3Cited by12 opinions
- Cannavina v. PostonWashington Supreme Court · 1942
- Cashmar-King Supply Co. v. Dowd & KingSupreme Court of North Carolina · 1907
- Harding v. GrimOregon Supreme Court · 1894
- McGowan v. BeachSupreme Court of North Carolina · 1955
- State National Bank v. HarrisSupreme Court of North Carolina · 1887
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