Lucas v. . Hardin

95 S.E. 904, 175 N.C. 718, 1918 N.C. LEXIS 148

• Court: Supreme Court of North Carolina
• Decided: May 15, 1918
• Status: Published

Opinion

Per Curiam :

When it was admitted that tbe defendant received tbe property of tbe machine company on consignment in 1907 or 1908, and evidence was offered tending to prove that be refused, after demand, to account for tbe same, tbe plaintiff made out a prima facie case and bis Honor could not do otherwise than deny tbe motion to nonsuit.

Tbe finding upon tbe plea of tbe Statute of Limitations depended upon tbe time when the relationship between tbe parties became adverse, the plaintiff contending it was in August, 1910, which was within three years of the commencement of the action, and the defendant in 1908, more than three years, and this question was submitted to the jury under instructions free from error.

No error.