Legal Opinion

Peele v. Powell

Supreme Court of North Carolina

Decided November 9, 1911PublishedCited by 32 opinions

Appeal from Garter, J., at May Term, 1911, of Beetle. This is an action brought by C. T. Peele against Isa Gr. Powell, administratrix of Edgar Powell, to recover $286.65 and interest thereon from 27 March, 1907, the value of goods sold and delivered to J. T. Cook, for which it is alleged the defendant’s intestate is liable.

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Appeal from Garter, J., at May Term, 1911, of Beetle. This is an action brought by C. T. Peele against Isa Gr. Powell, administratrix of Edgar Powell, to recover $286.65 and interest thereon from 27 March, 1907, the value of goods sold and delivered to J. T. Cook, for which it is alleged the defendant’s intestate is liable. The plaintiff offered the following evidence: An itemized and verified statement of account of goods sold and delivered to J. T. Cook for the amount alleged to be due by him in his complaint. Objection by defendant sustained, and plaintiff excepted. The account was against…

1Opinion of the Court

AllbN, J.,

after stating the case: The liability of a promisor to answer, “upon special promise, the debt, default, or miscarriage of another person” has been considered in numerous decisions of this Court, and there is frequently much difficulty in determining whether a particular promise is within the statute.

The term “special promise” means an express promise, and not one implied by law. Browne Stat. Frauds, sec. 166.

Whether oral or in writing, it must have a consideration to support it (Draughon v. Bunting, 31 N. C., 10; Stanly v. Hendrix, 35 N. C., 87; Combs v. Harshaw, 63 N. C., 198;…

2Cases cited30 opinions

  1. Voorhees v. Porter.Supreme Court of North Carolina · 1904
  2. Morrison v. . BakerSupreme Court of North Carolina · 1879
  3. Whitehurst v. . HymanSupreme Court of North Carolina · 1884
  4. Threadgill v. . McLendonSupreme Court of North Carolina · 1877
  5. Sheppard v. Newton.Supreme Court of North Carolina · 1905

25 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Burlington Industries, Inc. v. FoilSupreme Court of North Carolina · 1974
  2. Baker v. MALAN CONSTRUCTION CORPORATIONSupreme Court of North Carolina · 1961
  3. Kladivo v. MelbergSupreme Court of Iowa · 1929
  4. Whitehurst v. . PadgettSupreme Court of North Carolina · 1911
  5. Dozier v. . WoodSupreme Court of North Carolina · 1935

27 more not listed; retrieve them via the Exa API.

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