Legal Opinion
BW Acceptance Corporation v. Spencer
Supreme Court of North Carolina
Decided August 26, 1966No. 284PublishedCited by 104 opinions
1Opinion of the CourtParker, C.J.
G.S. 1-14 provides “an action is commenced as to each defendant when the summons is issued against him.” The period prescribed for the commencement of the counterclaim for relief on the ground of fraud is three years after the cause of action has accrued. The action “shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud.” G.S. 1-16; G.S. 1-46; G.S. 1-52(9). The authorities are to the effect that in an action grounded on fraud, the statute of limitations begins to run from the discovery of the fraud or from the time it should have…
2Cases cited19 opinions
- Lowendahl v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1936
- Fisser v. International BankCourt of Appeals for the Second Circuit · 1960
- Lowendahl v. Baltimore & Ohio RailroadNew York Court of Appeals · 1936
- Hayes v. City of WilmingtonSupreme Court of North Carolina · 1956
- Erickson v. StarlingSupreme Court of North Carolina · 1952
14 more not listed; retrieve them via the Exa API.
3Cited by104 opinions
- Broussard v. Meineke Discount Muffler Shops, Inc.Court of Appeals for the Fourth Circuit · 1998
- Glenn v. WagnerSupreme Court of North Carolina · 1985
- Wilson v. Crab Orchard Development CompanySupreme Court of North Carolina · 1970
- Moore v. Coachmen Industries, Inc.Court of Appeals of North Carolina · 1998
- Henderson v. SECURITY MORTAGAGE AND FINANCE CO.Supreme Court of North Carolina · 1968
99 more not listed; retrieve them via the Exa API.