Cobham v. Executors of Neill, 3 N.C. 5, 2 Hayw. 5 (1797)

Nov. 1797 · North Carolina Superior Court

3 N.C. 5, 2 Hayw. 5

Cobham, assignee of Creedon vs. the executors of Neill.

i~'ASE upon a note of hand, and the act of limitation pleaded. T-' This action had fosen instituted against the testator in his life time; and after his death, was continued against his exeew-tors by scire facias, under the act of 1783, ch. 14, sec. 1. Ok the trial, the plaintiff proved an acknowledgment of the debt about a month after the assignment, the assignee then being in the country, and having gone off about a month after the acknowledgment, to Europe.

Per Curiam.

Haywood, Justice only in court.

-The plaintiff’s cause of action accrued by the assignment (the original promisee being beyond sea,) the act began to run upon his demand, and continued to do so all the time he stayed here ; and i*.» Withdraw ingto parts beyond the sea afterwards, will not suspend its operation. The saving in the act only extends to such persons as were beyond the sea at the tinte when the action accrued ; not to such >vho were here when it accrues : and as he did not sue within three years after the accruing of the action, he is barred.

There was a verdict and judgment for the defendant.