White v. . Scott
Supreme Court of North Carolina
Civil actioN, tried before Harding, J., at April Term, 1919, of' Cabaeeus. Plaintiff alleged tbat defendant had executed to her intestate, Mary J.. Scott, three notes, one for $250, on 14 March, 1896; one for $50, on 3 April, 1897; and the remaining one for $320, on 9 July, 1896, all of' them due one day after date, with interest from date.
Read the full summary
Civil actioN, tried before Harding, J., at April Term, 1919, of' Cabaeeus. Plaintiff alleged tbat defendant had executed to her intestate, Mary J.. Scott, three notes, one for $250, on 14 March, 1896; one for $50, on 3 April, 1897; and the remaining one for $320, on 9 July, 1896, all of' them due one day after date, with interest from date. On the first note-the last payment was made on .13 March, 1899; on the second on-3 April, 1899, and on the third on 9 July, 1898, and there were no later-payments of any kind. Mrs. Scott died on 19 June, 1916. This action was commenced on 9 June, 1917. The…
1Opinion of the Court
Walker, J.,
after stating the relevant facts as above: The defendant -executed the three notes to the plaintiff as far back as the years 1896 • and 1897, so that they are barred by the statute of limitations, unless the plaintiff’s intestate was insane at the time the cause of action upon the notes accrued, for that is the language of the statute, as will appear by this reproduction of it: “No person shall avail himself of a disability, ■unless it existed when his right of action accrued.” Code of 1883, sec. 169; Eevisal of 1905, sec. 169. According to the evidence in this case, Mrs. Scott’s…
2Cases cited7 opinions
- Asbury v. . FairSupreme Court of North Carolina · 1892
- Eller v. . ChurchSupreme Court of North Carolina · 1897
- Kennedy v. . CromwellSupreme Court of North Carolina · 1891
- Chancey v. . PowellSupreme Court of North Carolina · 1889
- Causey v. . SnowSupreme Court of North Carolina · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Shearin v. LloydSupreme Court of North Carolina · 1957