Denson v. . Sledge
Supreme Court of North Carolina
From Franklin. Assumpsit upon a special contract. On the trial before his honor Judge Norwood, on the last Fall Circuit, the case was, that the Plaintiff being the Sheriff of Franklin, had in his hands sundry writs of Fieri Facias, against one Jeffreys. The Defendant, in consideration that the Plaintiff would suspend proceedings thereon, and wait with Jeffreys, promised that he, the Defendant, would pay the amount due upon the judgments.
Read the full summary
From Franklin. Assumpsit upon a special contract. On the trial before his honor Judge Norwood, on the last Fall Circuit, the case was, that the Plaintiff being the Sheriff of Franklin, had in his hands sundry writs of Fieri Facias, against one Jeffreys. The Defendant, in consideration that the Plaintiff would suspend proceedings thereon, and wait with Jeffreys, promised that he, the Defendant, would pay the amount due upon the judgments. Three judgments and executions against Jeffreys were produced — and it appeared that the Plaintiff was a party to two of them, being the surety of Jeffreys,…
1Opinion
It is impossible to support this action, taking it as a promise to indemnify the plaintiff, the sheriff, for forbearing to levy the executions, or a promise to pay their amount at Court. In either case, without the promise of forebearance on the part (146) of the sheriff, they are mere nude facts, and will not support an action; and taken with the consideration either promise is void, for the general rule is that no promise, and more especially one to an officer of the law, to indemnify him for doing a wrongful or unlawful act, is binding; for such acts can not form the consideration of a…
2Cases cited3 opinions
- Griffin v. . HastySupreme Court of North Carolina · 1886
- State v. . TatomSupreme Court of North Carolina · 1873
- Roberts v. . ScalesSupreme Court of North Carolina · 1840