Cobham v. Executors of Neill

Superior Court of North Carolina

Cobham v. Executors of Neill

3 N.C. 5

DecidedNovember 15, 1797

StatusPublished

This text of 3 N.C. 5 (Cobham v. Executors of Neill) is published on Counsel Stack Legal Research, covering Superior Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cobham v. Executors of Neill, 3 N.C. 5 (N.C. Ct. App. 1797).

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Opinion

Per Curiam.

Haywood, Justice only in court.

-The plaintiff’s cause of action accrued by the assignment (the original promisee being beyond sea,) the act began to run upon his demand, and continued to do so all the time he stayed here ; and i*.» Withdraw ingto parts beyond the sea afterwards, will not sus[6]*6pend its operation. The saving in the act only extends to such persons as were beyond the sea at the tinte when the action accrued ; not to such >vho were here when it accrues : and as he did not sue within three years after the accruing of the action, he is barred.

There was a verdict and judgment for the defendant.

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Per Curiam.

Haywood, Justice only in court.

-The plaintiff’s cause of action accrued by the assignment (the original promisee being beyond sea,) the act began to run upon his demand, and continued to do so all the time he stayed here ; and i*.» Withdraw ingto parts beyond the sea afterwards, will not sus[6]*6pend its operation. The saving in the act only extends to such persons as were beyond the sea at the tinte when the action accrued ; not to such >vho were here when it accrues : and as he did not sue within three years after the accruing of the action, he is barred.

There was a verdict and judgment for the defendant.

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Bluebook (online)

3 N.C. 5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cobham-v-executors-of-neill-ncsuperct-1797.