Newsome v. Person's administrators, 3 N.C. 242, 2 Hayw. 242 (1803)

May 1803 · North Carolina Superior Court

3 N.C. 242, 2 Hayw. 242

Newsome vs. Person's administrators.

""pHE plaintiff charged for services performed in the year 1792, and from thence till the death of the intestate, in 1600. The statute of limitations was pleaded. He gave credit for a plantation within three years 5 and defendants counsel examined as to the value of this plantation, endeavoring to bring out that it was of more value than credited at.

Hall, Judge,

For all items above three years, the act of limitation bars the plaintiff, unless the defendant has made soma promise to pay within the 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 equivalents! the jury chuse to consider it so, to keeping an account s.gainst the plaintiff; and then the act will not bar any part of She plaintiff’s account.

Verdict accordingly.