Haun v. . Burrell
Supreme Court of North Carolina
Civil aotioN, tried before Bryan, J., at Spring Term 1896, of HeNdicrsoN Superior Court, on appeal from a judgment of a justice of the peace. The complaint was as follows : “ 1. That on .day of September, 1893, for value received, one J. R. Burrell executed to the plaintiff a promissory note, in words and figures as follows : “ $63.00. On or before the 25th day of December, A. D. 1894, I promise to pay "William Haim sixty-three dollars without interest, value received.
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Civil aotioN, tried before Bryan, J., at Spring Term 1896, of HeNdicrsoN Superior Court, on appeal from a judgment of a justice of the peace. The complaint was as follows : “ 1. That on .day of September, 1893, for value received, one J. R. Burrell executed to the plaintiff a promissory note, in words and figures as follows : “ $63.00. On or before the 25th day of December, A. D. 1894, I promise to pay "William Haim sixty-three dollars without interest, value received. This..day of September, 1893. J. R. BURRELL.” “ 2. That on or about 23d day of February, 1894, the obligor in the…
1Opinion of the Court
Clark, J. :
Section 10 of the Statute of Frauds, now Code, Sec. 1552, provides that, no one shall be liable upon a promise “ to answer the debt, default or' miscarriage of another, unless the agreement upon which such action shall be broughc, or some memorandum or note thereof, shall be in writing and signed by the party charged therewith, or some other person thereunto by him lawfully authorized.” When the promise is denied the Statute of Frauds can be relied on without being pleaded (Morrison v. Baker, 81 N. C., 76, Browning v. Barry, 107 N. C., 231) but in fact it is pleaded by the…
2Cases cited13 opinions
- Morrison v. . BakerSupreme Court of North Carolina · 1879
- Whitehurst v. . HymanSupreme Court of North Carolina · 1884
- Browning v. . BerrySupreme Court of North Carolina · 1890
- Draughan v. . BuntingSupreme Court of North Carolina · 1848
- Ashford v. . RobinsonSupreme Court of North Carolina · 1847
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- Balentine v. . GillSupreme Court of North Carolina · 1940
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