SHIELDS v. PRENDERGAST

No. 7726DC461.

244 S.E.2d 475 (1978)

Linda Lee SHIELDS, Executrix of the Estate of James L. Shields v. Charles Fitz-Henry PRENDERGAST.

Court of Appeals of North Carolina.

June 6, 1978.


Attorney(s) appearing for the Case

Howard & Bragg by Carl W. Howard and Mary Jean Hayes, Charlotte, for plaintiff-appellant.

Ervin, Kornfeld & MacNeill by Winfred R. Ervin, Jr., Charlotte, for defendant-appellee.


VAUGHN, Judge.

If the note sued on is a demand instrument, a cause of action accrued against the maker on the date of the instrument, and consequently, the period of limitation began to run in favor of the maker on that date, 3 February 1970. G.S. 25-3-122(1)(b); G.S. 1-15; Ervin v. Brooks, 111 N.C. 358, 16 S.E. 240 (1892); Caldwell v. Rodman, 50 N.C. 139 (1857). In that event, the judge's conclusion that the suit was barred because it was not instituted...

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