60 S.E. 985 | N.C. | 1908
Action was begun 4 June, 1906, to recover damages for an assault committed 19 September, 1904. To rebut the plea of the statute of limitations [Revisal, sec. 397 (3)], the plaintiff relies upon evidence that the deceased attorney or claim agent of the defendant "orally requested plaintiff's attorney not to bring suit; that he would give the matter his special attention and try to adjust it in some way, . . . and that "the matter would be settled without suit being brought," and later, in the summer of 1905, "requested plaintiff's attorney not to bring suit — to leave the matter open still further, and said, `We can adjust claim without suit.'" Four letters of defendant's attorney were put in evidence, but contained no request as above, but merely promised to investigate the matter His Honor being of opinion (218) on this evidence that the statute of one year applied, the plaintiff took a nonsuit and appealed.
The oral declarations of the deceased agent were objected to by defendant, but were admitted by the court. Sprague v. Bond,
In Hill v. Hilliard,
(219) There may be cases, as is intimated in Tomlinson v. Bennett,
In 25 Cyc., 1339, it is said: "It is necessary, in order to arrest the running of the statute of limitations, that there be acknowledged the present existence of a debt or obligation, nor is it sufficient that the claim be acknowledged as just." In Joyner v. Massey,
Affirmed.