Fentress v. . Worth
Supreme Court of North Carolina
From Moore. Assumpsit, originally commenced by a warrant before, a Justice of the Peace. On the trial before his honor Judge Str&Nge, upon the general issue, the case was, that the Defendant promised the Plaintiff to pay him the amount of a debt due him by one Rigan, if the Plaintiff would give him, Rigan, some time, as soon as the Defendant should collect certain notes, which had been put into his hands by Rigan, and which the Defendant represented to be good.
Read the full summary
From Moore. Assumpsit, originally commenced by a warrant before, a Justice of the Peace. On the trial before his honor Judge Str&Nge, upon the general issue, the case was, that the Defendant promised the Plaintiff to pay him the amount of a debt due him by one Rigan, if the Plaintiff would give him, Rigan, some time, as soon as the Defendant should collect certain notes, which had been put into his hands by Rigan, and which the Defendant represented to be good. Twenty-one months had elapsed between the promise and the commencement of this action. The Plaintiff contended, that he had a right…
1Opinion of the Court
Ruffin, Judge.
It is objected to the charge of the Judge below, that he erred in considering the collection of the money by the Defendant, a condition precedent, because, since Worth himseif was to do the act, it would render the promise nugatory, or leave it altogether to his will, which is the same tiling. Technically speaking, it is certainly not generally true, that an act, to be previously done by the party promising, is' a strict condition precedent to another act, to bo done by the same party. It is consequently here insisted by the Plaintiff, that this promise must be held to include…
2Cited by2 opinions
- Davis v. . WattersSuperior Court of North Carolina · 1802
- State v. Alexander.Supreme Court of North Carolina · 1825