Shaver v. . Adams
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Rowan County, at the Spring Term 184S, his Honor Judge Manly presiding. The case is as follows: The defendant and one BeucLni entered into a partnership, to run a line of Stages between the City of Raleigh and Salisbury. Afterwards, and before the company commenced operations, Bencini purchased, for the use of the firm, from the plaintiff, a carryall wagon at the price of $100 — for which he gave his note.
Read the full summary
Appeal from the Superior Court of Law of Rowan County, at the Spring Term 184S, his Honor Judge Manly presiding. The case is as follows: The defendant and one BeucLni entered into a partnership, to run a line of Stages between the City of Raleigh and Salisbury. Afterwards, and before the company commenced operations, Bencini purchased, for the use of the firm, from the plaintiff, a carryall wagon at the price of $100 — for which he gave his note. This carryall was subsequently put by Bencini into the stock, at the price he was to give, and it was used by the firm a short time throafter.…
1Opinion of the CourtNash, J.
We do not consider the plaintiff’s case as coming within the operation of the statute of frauds. The 10th section of that act declares void all promises made to pay the debts of another, when the party to be bound does not enter into some writing or memorandum, signed by him or his agent. If, therefore, we believed, that the promise, made by the defendant, McLean, was to pay the debt of another without any new consideration for it, we should not hesitate to reverse the judgment given below. We do not so consider it, but look upon it as a new original contract growing out of the one made by…
Also in this document: Per curiam.
2Cited by2 opinions
- Leaksville-Spray Institute v. MebaneSupreme Court of North Carolina · 1914
- Haun v. . BurrellSupreme Court of North Carolina · 1896