Sheppard v. Newton.
Supreme Court of North Carolina
AotioN by B. J. Sheppard against Jerry Newton to recover $81 alleged to be due for the rent of a house, tried on appeal from a justice of the peace, by Judge Henry E. Bryan and a jury, at the September Term, 1905, of the Superior Court of Foesyth County. The defendant denied any and all liability on the issue as to indebtedness. Both sides offered testimony as follows: The plaintiff testified: “I claim $81 and interest from the defendant as house rent.
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AotioN by B. J. Sheppard against Jerry Newton to recover $81 alleged to be due for the rent of a house, tried on appeal from a justice of the peace, by Judge Henry E. Bryan and a jury, at the September Term, 1905, of the Superior Court of Foesyth County. The defendant denied any and all liability on the issue as to indebtedness. Both sides offered testimony as follows: The plaintiff testified: “I claim $81 and interest from the defendant as house rent. The defendant had rented the house for two or three years. The house was rented at first to Rufe Ogburn; he occupied it over a year and then…
1Opinion of the Court
HoKe, J\,
after stating tbe case: His Honor below directed a nonsuit, bolding tbat on tbe foregoing testimony, recovery by tbe plaintiff was prevented by tbe Statute of Frauds, Code, sec. 1552, wbicb provides, among other things, tbat no action shall be brought to charge any defendant upon a special promise to answer tbe debt, default or miscarriage of another person, unless tbe agreement shall be in writing.
When a defendant has made a contract or promise of this character, otherwise binding and seeks protection under tbe provisions of this statute, it must be shown tbat tbe debt is tbat of a…
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