Jenkins v. Holley.
Supreme Court of North Carolina
AotioN by J. T. Jenkins against T. D. Holley, heard on appeal from the justice of the peace, by Judge R. B. Peebles and a jury, at the September Term, 1905, of the Superior Court of BeRtib. One Wilson, a colored man, was indebted to Jenkins in the sum of $20, for advances, which, he agreed to pay or work out. Wilson got employment from defendant Holley and brought him to see Jenkins. The plaintiff testified: “Holley asked if Wilson owed me and how much.
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AotioN by J. T. Jenkins against T. D. Holley, heard on appeal from the justice of the peace, by Judge R. B. Peebles and a jury, at the September Term, 1905, of the Superior Court of BeRtib. One Wilson, a colored man, was indebted to Jenkins in the sum of $20, for advances, which, he agreed to pay or work out. Wilson got employment from defendant Holley and brought him to see Jenkins. The plaintiff testified: “Holley asked if Wilson owed me and how much. I told him I had a paper in which the said Wilson had agreed to pay me in thirty days or do that amount of work. He asked to see the paper…
1Opinion of the Court
Clark, C. J.,
after stating the case: The provision of the statute of frauds (now Revisal, section 974,) which requires a “special promise to answer the debt, default or miscarriage of another” to be in writing, applies only to invalidate verbal agreements to be surety for the debt, etc., of another for which that other remains liable. It does not forbid an oral contract to assume the debt of another, who is thereupon discharged of all liability to the creditor, the promisor thus becoming sole debtor in bis place and stead. Haun v. Burrell, 119 N. C., 547; Whitehurst v. Hyman, 90 N. C., 489.…
2Cases cited4 opinions
- Whitehurst v. . HymanSupreme Court of North Carolina · 1884
- Mason v. . WilsonSupreme Court of North Carolina · 1881
- Sheppard v. Newton.Supreme Court of North Carolina · 1905
- Haun v. . BurrellSupreme Court of North Carolina · 1896
3Cited by7 opinions
- Peele v. PowellSupreme Court of North Carolina · 1911
- Burlington Industries, Inc. v. FoilSupreme Court of North Carolina · 1974
- Peele v. . PowellSupreme Court of North Carolina · 1911
- Standard Supply Co. v. Finch & PersonSupreme Court of North Carolina · 1908
- Covington Lumber Co. v. StefLouisiana Court of Appeal · 1915
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