Armfield v. . Moore
Supreme Court of North Carolina
Civil action, tried before Montgomery, Judge, at February Term, 1887, of Union Superior Court. The plaintiffs brought this action on the 28th of October, 1886, before a justice of the peace, to recover the money due upon the note under seal of the defendant, for $61.93, dated the 23d of February, 1876, and at one day from date, bearing interest at the rate of eight per cent, per annum, from the 11th day of October, 1875. This note was executed in the town of Monroe, in this…
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Civil action, tried before Montgomery, Judge, at February Term, 1887, of Union Superior Court. The plaintiffs brought this action on the 28th of October, 1886, before a justice of the peace, to recover the money due upon the note under seal of the defendant, for $61.93, dated the 23d of February, 1876, and at one day from date, bearing interest at the rate of eight per cent, per annum, from the 11th day of October, 1875. This note was executed in the town of Monroe, in this State, and at the time of its execution, the maker thereof, the defendant, .was a non-resident of this State, and he has…
1Opinion of the Court
Mekriiion, J.,
(after stating the facts). The plaintiffs contend that inasmuch as the defendant was continually a non-resident of this State, and absent from it except for two- or three brief business visits of a day or two each year, before the action was brought, the statute of limitation does not bar his right to recover the money specified in the bond sued upon, and the interest due upon the same, and we are of that opinion.
The statute (The Code, §162,) provides that, If, when the cause of action accrues, or judgment be rendered or docketed against any person, he shall be out of the State,…
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