Legal Opinion
Howard v. Hamilton
Court of Appeals of North Carolina
Decided March 17, 1976No. 7526SC880PublishedCited by 10 opinions
1Opinion of the Court
BRITT, Judge.
Did the trial court err in directing a verdict in favor of defendant Hamilton in the separate action against him (No. 69-CVS-2138) ? We hold that it did not.
In our opinion, the oral promise allegedly made by defendant Hamilton was unenforceable under the Statute of Frauds, G.S. 22-1, which provides in pertinent part as follows: “No action shall be brought whereby ... to charge any defendant upon a special promise to answer the debt, default or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be…
2Cases cited7 opinions
- Emerson v. SlaterSupreme Court of the United States · 1860
- Wilber H. Friend, an Individual, and Friend Company, a Corporation v. H. A. Friend and Company, Inc.Court of Appeals for the Ninth Circuit · 1969
- Little v. RoseSupreme Court of North Carolina · 1974
- Burlington Industries, Inc. v. FoilSupreme Court of North Carolina · 1974
- Southern Chemical Co. v. BassSupreme Court of North Carolina · 1918
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Zola v. GordonDistrict Court, S.D. New York · 1988
- Federal Deposit Insurance Corporation v. Braemoor AssociatesCourt of Appeals for the Seventh Circuit · 1982
- Browning v. Maurice B. Levien & Co.Court of Appeals of North Carolina · 1980
- Forrest Drive Associates v. Wal-Mart Stores, Inc.District Court, M.D. North Carolina · 1999
- Wiste v. Neff and Co., CPANew Mexico Court of Appeals · 1998
5 more not listed; retrieve them via the Exa API.