Gregory v. Hooker's Adm'r
Supreme Court of North Carolina
From Halifax. The declaration In this case contained five counts. The first was on an implied promise of Defendant’s intestate to pay Plaintiff for board, &c. The second was In indeUtt^^assúmpsit, laid on the promise of the administrator as such. The third was a count quantum vale-iat, laid on the promise of the administrator as such. The fourth was a count for funeral charges against the Defendant as administrator, laying the promise to have been made by him as such.
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From Halifax. The declaration In this case contained five counts. The first was on an implied promise of Defendant’s intestate to pay Plaintiff for board, &c. The second was In indeUtt^^assúmpsit, laid on the promise of the administrator as such. The third was a count quantum vale-iat, laid on the promise of the administrator as such. The fourth was a count for funeral charges against the Defendant as administrator, laying the promise to have been made by him as such. The last count charged; that in consideration the Plaintiff would give her note to the Defendant for a debt due him as…
1Opinion of the Court
The heavy costs accumulated by a protracted litigation have made this suit very important to the parties; and though the two items for funeral charges amount together to but ten shillings, yet whether the defendant be liable to pay them depends upon principles which are not to be understood without some research. I must own that the argument, which has been able on both sides, has presented the subject in many lights which were new to me, and together with my own reflections has produced an opinion altogether different from what I have ever entertained on the subject. Notwithstanding the…
2Cited by2 opinions
- Brown v. . BrownSupreme Court of North Carolina · 1930
- Cagle ex rel. Beaty v. Robert Hall ClothesCourt of Appeals of North Carolina · 1970