Taylor v. . Miller
Supreme Court of North Carolina
Civil ACTION, tried at Spring Term, 1893, of Davie Superior Court, before Boylcin, J. Upon the intimation of the Judge that the evidence was not sufficient to rebut the bar of the statute of limitations, the plaintiff' submitted to a nonsuit and appealed.
1Opinion of the Court
MacRae, J.:
The action was upon a note for $400 and interest, dated March 29, 1886, payable one day after date, and made by defendant to plaintiff. The only plea was that of the statute of limitations, and the same was good unless there had been a new acknowledgment or promise in writing, under section 172 of The Code.
The case turns upon the testimony of E. L. Gaither and a letter referred to therein, which witness testified that he had received from the defendant. That portion of his testimony which is material is as follows:
“That on or about the first of November, 1891, the plaintiff put…
2Cases cited4 opinions
- Greenleaf v. Norfolk Southern RailroadSupreme Court of North Carolina · 1884
- Faison v. . Bowden, Ex'r.Supreme Court of North Carolina · 1875
- Riggs v. . RobertsSupreme Court of North Carolina · 1881
- Long v. . OxfordSupreme Court of North Carolina · 1889
3Cited by11 opinions
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- Peoples Bank & Trust Co. v. Tar River Lumber Co.Supreme Court of North Carolina · 1942
- Wells v. HillSupreme Court of North Carolina · 1896
- Phillips v. GilesSupreme Court of North Carolina · 1918
- King Bros. Shoe Store Co. v. WisemanSupreme Court of North Carolina · 1917
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