Brown v. . Teague
Supreme Court of North Carolina
This was an action of assumpsit, tried before Heath, J., at the last Spring Term of Macon Superior Court. Tlie plaintiff produced an order in the following words: “ Mr. ~W. T. Coleman, please pay John Brown thirteen dollars, 31 cents, and by so doing yon will oblige your friend, this 21st February, 1851. J. W. Teague.” The plaintiff declared on this order, and on a new promise to pay the same. The defendant pleaded the “ general issue aud statute of limitations.”
Read the full summary
This was an action of assumpsit, tried before Heath, J., at the last Spring Term of Macon Superior Court. Tlie plaintiff produced an order in the following words: “ Mr. ~W. T. Coleman, please pay John Brown thirteen dollars, 31 cents, and by so doing yon will oblige your friend, this 21st February, 1851. J. W. Teague.” The plaintiff declared on this order, and on a new promise to pay the same. The defendant pleaded the “ general issue aud statute of limitations.” To the former plea there was a general replication ; to tlie latter, a special replication that the suit was brought within less…
1Opinion of the CourtManly, J.
We do not think the action can be sustained, either upon the count on the order, or the count upon the express promise.
The drawer’s liability upon the order is a conditional liability, dependent upon presentation to the drawee and notice of his failure to the drawer. Such a precedent action is indispensible to fix a responsibility upon the latter. As this has not been done, the count upon the order against the defendant, is not supported.
It follows that the express promise, taken in the strictest sense against the defendant, and regarded as an absolute promise to pay, is without…
2Cited by2 opinions
- National Bank of Asheville v. BradleySupreme Court of North Carolina · 1895
- Bank v. . LutterlohSupreme Court of North Carolina · 1886