Kirby v. . Mills
Supreme Court of North Carolina
Civil Action, tried at Spring Term, 1877, of Cabakrus Superior Court, before Cloud, J. This action was brought to recover the value of a promissory note made in South Carolina on the 7th of March, 1862, by the firm of Govan Mills & Co., (of which the defendant is alleged to be a member) to Kirby & Wilson (of which the plaintiff is surviving partner) in the sum of $216.35 payable one day after date.
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Civil Action, tried at Spring Term, 1877, of Cabakrus Superior Court, before Cloud, J. This action was brought to recover the value of a promissory note made in South Carolina on the 7th of March, 1862, by the firm of Govan Mills & Co., (of which the defendant is alleged to be a member) to Kirby & Wilson (of which the plaintiff is surviving partner) in the sum of $216.35 payable one day after date. The answer sets up several defences and among them that of the statute of limitations, to rebut which, the plaintiff replied a new promise made within three years next before the commencement of…
1Opinion of the CourtSmith, C. J.
(After stating the facts as above.) The only question before us is as to the sufficiency of the promise to remove the statutory bar, and the correctness of the ruling of the Court thereon.
1. There have been numerous cases in this State where the Court has been called upon to decide upon the sufficiency of the words used to repel the statute, and we think they «establish a principle which will include the case now before us. The following have been held sufficient to enable the plaintiff to recover, notwithstanding the lapse of time ; — “ I have no money, but will call in a few days and settle…
2Cases cited3 opinions
- Morehead v. WristonSupreme Court of North Carolina · 1875
- Parker v. . ShufordSupreme Court of North Carolina · 1877
- Faison v. . BowdenSupreme Court of North Carolina · 1877
3Cited by9 opinions
- Hussey v. . KirkmanSupreme Court of North Carolina · 1886
- Peoples Bank & Trust Co. v. Tar River Lumber Co.Supreme Court of North Carolina · 1942
- Davis v. . ElySupreme Court of North Carolina · 1888
- Tiddy v. . HarrisSupreme Court of North Carolina · 1888
- City of Houston v. JankowskieTexas Supreme Court · 1890
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