Newsome v. . Person

Superior Court of North Carolina

Newsome v. . Person

3 N.C. 242

DecidedJuly 5, 1803

StatusPublished

This text of 3 N.C. 242 (Newsome v. . Person) 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

Newsome v. . Person, 3 N.C. 242 (N.C. Ct. App. 1803).

Pincite

Opinion

For all items above three years the act of limitation bars plaintiff, unless defendant has made some promise to pay within three years. Keeping an account against the plaintiff, and charging him with items within three years, admits a current account, and amounts to a promise to pay the balance, and so takes it out of the act. The defendant in the present instance has produced no such account, but he has claimed a credit arising within three years; and that is equivalent, *Page 225 if the jury choose to consider it so, to keeping an account against the plaintiff; and then act will not bar any part of plaintiff's account.

Verdict accordingly.

NOTE. — See Kimboll v. Person, post, 394; Green v. Caldcleugh.18 N.C. 320; McLin v. McNamara, 36 N.C. 75.

Free access — add to your briefcase to read the full text and ask questions with AI

For all items above three years the act of limitation bars plaintiff, unless defendant has made some promise to pay within three years. Keeping an account against the plaintiff, and charging him with items within three years, admits a current account, and amounts to a promise to pay the balance, and so takes it out of the act. The defendant in the present instance has produced no such account, but he has claimed a credit arising within three years; and that is equivalent, *Page 225 if the jury choose to consider it so, to keeping an account against the plaintiff; and then act will not bar any part of plaintiff's account.

Verdict accordingly.

NOTE. — See Kimboll v. Person, post, 394; Green v. Caldcleugh.18 N.C. 320; McLin v. McNamara, 36 N.C. 75.

Cite This Page — Counsel Stack

Bluebook (online)

3 N.C. 242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newsome-v-person-ncsuperct-1803.

Opinion

Related

Cite This Page — Counsel Stack