Legal Opinion

Faison v. . Bowden

Supreme Court of North Carolina

Decided January 5, 1877PublishedCited by 4 opinions

Statute of Limitations — New Pomise. Civil AotioN, tried at Fall Term, 1876, of WayNE Supe-Tior Court, before Seymour, J. The suit was brought to recover the amount of a medical ■bill against the testator of defendant, running from 1854 to 1861. The defendant relied on the statute of limitations. {See 72 N. C. 405.) ITis Honor held that the statute was no bar to any part of plaintiff's claim. Judgment. Appeal by defendant.

1Opinion of the CourtReade, J.

This case was before us and is reported in 72 N. C. 405. It wras held that the acknowledgment of the debt was too vague and indefinite to take the case out of the ■operation of the statute of limitations. The acknowledgment now is a little different from what it was then, but it is still liable to the same objection.

The acknowledgment relied upon now is, “I owe Dr. Fai-son a considerable sum — $1,000 or $1,200, and I reckon more, and I want it paid. Dr. Eaison is not uneasy about it.” Now what did he owe him about ? He does not say. Probably it was for medical services; it may have been for a…

2Cases cited1 opinion

  1. Faison v. . Bowden, Ex'r.Supreme Court of North Carolina · 1875

3Cited by4 opinions

  1. McGowan v. BeachSupreme Court of North Carolina · 1955
  2. Kirby v. . MillsSupreme Court of North Carolina · 1878
  3. George W. Helm Co. v. GriffinSupreme Court of North Carolina · 1893
  4. Long v. . OxfordSupreme Court of North Carolina · 1889

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