Robertson v. . Pickrell

77 N.C. 302

• Court: Supreme Court of North Carolina
• Decided: June 5, 1877
• Status: Published

Opinion

Reads J.

It is settled that where there is a running account, all on one side, the statute of limitations begins to run on each item from its date ; but where there are mutual accounts, the statute begins to run only from the last dealing-between the parties. In regard to other matters the rule is,, that the statute begins to run from the time when the cause of action accrued.

¥e are of the opinion that in this case a cause of action accrued to the plaintiff at the end of each month for the-amount due for that month, and that three years from that’ date it was barred. ■ -

It follows that only such amount is now due the plaintiff, as accrued within three years immediately preceding the commencement of the action.

.We have no data by which, to fix the amount, else we would enter judgment her'e. We must therefore declare that there is error, and remand the case to be proceeded in as the parties may be advised.

Per CuriaM. Reversed and remanded.