Phillips v. Giles
Supreme Court of North Carolina
Civil ACTION, tried before W. A. Devin, J., and a jury at January Term, 1918, of Dttbham. The' action, instituted apparently in 1917, was to recover the sum of $283.95, for money loaned by plaintiffs to defendant’s intestate.
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Civil ACTION, tried before W. A. Devin, J., and a jury at January Term, 1918, of Dttbham. The' action, instituted apparently in 1917, was to recover the sum of $283.95, for money loaned by plaintiffs to defendant’s intestate. There was allegation with evidence on part of plaintiff tending to show that, in the years 1905-1908, and 1910, plaintiff loaned to intestate, who was her mother, different sums aggregating the amount in question, and in the fall of 1916, not long before intestate’s death, she executed a paper-writing, acknowledging said- indebtedness in terms as follows: “Sept. 18,…
1Opinion of the CourtHoke, J.
Our statute on tbe question of preventing tbe bar of tbe statute of limitations by reason of a new promise, Revisal, sec. 371, is in terms as follows:
“No acknowledgment or promise shall be received as evidence of a new or continuing contract, from which tbe statute of limitations shall run, unless tbe same be contained in some writing signed by tbe party to be charged thereby; but this section shall not alter tbe effect of any payment of principal or interest.”
Authority on tbe subject is to tbe effect that it was not tbe meaning of this law in its terms or purpose to make any change in tbe…
2Cases cited12 opinions
- State v. . R. R.Supreme Court of North Carolina · 1908
- Faison v. . Bowden, Ex'r.Supreme Court of North Carolina · 1875
- Forsyth v. Zebulon Cotton Oil Mill Co.Supreme Court of North Carolina · 1914
- Taylor v. . MillerSupreme Court of North Carolina · 1893
- Wells v. HillSupreme Court of North Carolina · 1896
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3Cited by8 opinions
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- Tucker v. Ashcraft Gin & Mill Co.Supreme Court of North Carolina · 1925
- East Coast Fertilizer Co. v. HardeeSupreme Court of North Carolina · 1937
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