Wells v. Hill
Supreme Court of North Carolina
Civil aotiou. by the plaintiff as fixe North Carolina administrator of J. L. Hill, (who died domiciled in South' Carolina,) against the defendant on a note dated April 27, .1885, for $3,915.86, payable one day after date. There were endorsed credits of $582,94 on February 1, 1888.’ The action was commenced on 21st June, 1893. The defendant pleaded the bar of the Statute of Limitations.
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Civil aotiou. by the plaintiff as fixe North Carolina administrator of J. L. Hill, (who died domiciled in South' Carolina,) against the defendant on a note dated April 27, .1885, for $3,915.86, payable one day after date. There were endorsed credits of $582,94 on February 1, 1888.’ The action was commenced on 21st June, 1893. The defendant pleaded the bar of the Statute of Limitations. The plaintiff introduced E. E. Hill, who, together with his brother, "W". A. Hill, had administered on the estate of their father (the intestate of plaintiff) in South Carolina, to prove an acknowledgment and…
1Opinion of the Court
Montgomery, J.:
It is admitted that the note sued on is barred by the Statute of Limitations unless the remedy to collect has been revived by the contents of four letters written by the defendant, which letters the plaintiff alleges contain a new promise to contiuue the liability of the defendant. The letters without doubt acknowledge the debt, and it was argued for the plaintiff that in such case the law implies a promise to pay. This Court has decided *904to the contrary. In Simonton v. Clark, 65 N. C., 525, it was said: “ A mere acknowledgment of the debt is not sufficient to repel the statute,…
2Cases cited5 opinions
- Greenleaf v. Norfolk Southern RailroadSupreme Court of North Carolina · 1884
- Riggs v. . RobertsSupreme Court of North Carolina · 1881
- Taylor v. . MillerSupreme Court of North Carolina · 1893
- Simonton v. . ClarkSupreme Court of North Carolina · 1871
- Royster v. . FarrellSupreme Court of North Carolina · 1894
3Cited by10 opinions
- McGowan v. BeachSupreme Court of North Carolina · 1955
- Kleis v. McGrathSupreme Court of Iowa · 1905
- Smith v. . GordonSupreme Court of North Carolina · 1933
- Phillips v. GilesSupreme Court of North Carolina · 1918
- Phillips v. . GilesSupreme Court of North Carolina · 1918
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