George W. Helm Co. v. Griffin
Supreme Court of North Carolina
Civil actioN, tried at October Term, 1892, of the Superior Court of WayNK County, before Bryan, J., a'jury trial being waived. The plaintiff declared on an account for $235.07, dated November 29, 1887, for goods sold and delivered. The defendant admitted the sale and delivery of the goods at tlie price named, but denied the indebtedness, and pleaded the statute of limitations.
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Civil actioN, tried at October Term, 1892, of the Superior Court of WayNK County, before Bryan, J., a'jury trial being waived. The plaintiff declared on an account for $235.07, dated November 29, 1887, for goods sold and delivered. The defendant admitted the sale and delivery of the goods at tlie price named, but denied the indebtedness, and pleaded the statute of limitations. The plaintiff replied a new promise made to Benjamin Lyon, who, it was admitted, was the agent of the plaintiff*, and to support such new promise>put in evidence a letter in the following words and figures, to-wit : “…
1Opinion of the Court
Olab.Iv, J.:
Under the former statute of presumptions an acknowledgment of the non-payment of a debt coming within its operation would rebut the presumption of payment arising from the lapse of time. But now we have no statute of presumptions. The Code, §138, prescribes a statute of limitations only. The acknowledgment which is now requisite as evidence of a new or continuing contract must not only be in writing (The Code, §172), but it must be an' unconditional promise to pay the debt. Bates v. Herren, 95 N. C., 388; Greenleaf v. Railroad, 91 N. C., 33. A mere acknowledgment of the debt,…
2Cases cited4 opinions
- Greenleaf v. Norfolk Southern RailroadSupreme Court of North Carolina · 1884
- Riggs v. . RobertsSupreme Court of North Carolina · 1881
- Faison v. . BowdenSupreme Court of North Carolina · 1877
- Edwin Bates & Co. v. E. B. Herren & Co.Supreme Court of North Carolina · 1886
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- Phillips v. GilesSupreme Court of North Carolina · 1918
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