Pool v. . Allen
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Person County, at the Fall Term, 1846, his Honor Judge Battle presiding. This is an action of assumpsit, commenced by warrant before a Justice of the Peace. It was tried in the Superior Court on the general issue; and upon the trial the facts appeared to be as follows. The plaintiff and the defendant resided in Person County until the year 1838, when the plaintiff removed to another State.
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Appeal from the Superior Court of Law of Person County, at the Fall Term, 1846, his Honor Judge Battle presiding. This is an action of assumpsit, commenced by warrant before a Justice of the Peace. It was tried in the Superior Court on the general issue; and upon the trial the facts appeared to be as follows. The plaintiff and the defendant resided in Person County until the year 1838, when the plaintiff removed to another State. At the time of his removal, the plaintiff was indebted to the defendant in the sum of $23 85, and he appointed two persons, Stanford Long and Wyatt Pool, his agents…
1Opinion of the CourtRuffiN, C. J.
The payment to Bumpass discharged the debt. It made no difference, that he did not pay the money over. That was between him and his principal, Allen. As he was Allen’s agent, with authority to receive the money, the payment of it to him was the same as payment to the creditor personally. Then, as the debt was discharged, the second payment, to Allen himself, was without consideration, and made by mistake ; and the case is, therefore, one of those common ones, stated in the books, in which the action for money had and received lies. The second' payment was not voluntary, in any sense that, can…
2Cited by5 opinions
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- Harrington v. . LowrieSupreme Court of North Carolina · 1939
- Pendergrass v. MassengillSupreme Court of North Carolina · 1967