Nothing appears in this case, to take it out of the general principle, that the statute of limitations begins to run from the time the Plaintiff has cause of action against the Defendant. In the year 1786, the Defendant received the money to the use of the Plaintiff, who might then have instituted a suit, and consequently, in three years from that time, the pleading the statute would bar his recovery.
Coomer v. Little, 1 N.C. 92, 1 Cam. & Nor. 92 (1800)
June 1800
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North Carolina Court of Conference
1 N.C. 92, 1 Cam. & Nor. 92
Hugh Coomer vs. William Little.
This was an action on the Case instituted originally in the County Court of Orange, to recover the sum of 81 dols. 30 cts. being the value of a certificate issued in favour of the Plaintiff, by Robert Fenner, Commissioner appointed in 1786, to settle the army accounts, and drawn by the Defendant. Pleas general issue, statute of limitations. The Plaintiff had a verdict subject to the opinion of the Superior Court of law for Hillsborough district, whether in an action brought to recover the value of a certificate drawn more than three years before the bringing of the suit, the statute of limitations would operate to bar the Plaintiff’s demand.