Draughan v. . Bunting
Supreme Court of North Carolina
Appeal from tbe Superior Court of Law of Sampson County, at the Spring Term, 1847, his Honor Judge Battle presiding. This was an action of assumpsit, in which the plaintiff declared in several counts. 1st. On a promise to indemnify the plaintiff on a note for 0600. 2nd. On a promise to indemnify the plaintiff on a note for -$479 43. ■3rd.
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Appeal from tbe Superior Court of Law of Sampson County, at the Spring Term, 1847, his Honor Judge Battle presiding. This was an action of assumpsit, in which the plaintiff declared in several counts. 1st. On a promise to indemnify the plaintiff on a note for 0600. 2nd. On a promise to indemnify the plaintiff on a note for -$479 43. ■3rd. On a promise to indemify the plaintiff on a judgment of the Banlr of Cape Fear against David Underwood, John Sellars and William C. Draughan. 4th. To receive money paid on a judgment obtained on a note endorsed by the plaintiff, at the instance and request…
1Opinion of the CourtPearson, J.
We concur with his Honor, that an action cannot be maintained upon the parol promise of indemnity. That is void by the Statute of Frauds. Underwood was under a legal liability to indemnify the plaintiff, as his surety, and the promise, superadded by the intestate, comes within the words and meaning of the Statute ; it is a promise to answer for the default of another, and there being a consideration makes no difference ; it required no statute to make void a promise not founded upon a consideration.
The true test is, has the plaintiff a cause of action against another, to which the promise in…
2Cited by13 opinions
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