Holland v. . Clark
Supreme Court of North Carolina
Assumpsit, brought before the adoption of fee Code of Civil Procedure, and tried at Spring Term, 1872, of the Superior Court of Craven. The plaintiff declared on an oral promise, to pay $625 for the hire of certain negro slaves for the year 1861. He introduced oneP. W. Yarrell, for the purpose of proving that he, the said Yarrell, as agent of the defendant, with authority to do so, laired tlae said negroes for said year, agreeing to pay for them the said sum.
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Assumpsit, brought before the adoption of fee Code of Civil Procedure, and tried at Spring Term, 1872, of the Superior Court of Craven. The plaintiff declared on an oral promise, to pay $625 for the hire of certain negro slaves for the year 1861. He introduced oneP. W. Yarrell, for the purpose of proving that he, the said Yarrell, as agent of the defendant, with authority to do so, laired tlae said negroes for said year, agreeing to pay for them the said sum. The witness, in reply to the defendant’s counsel, admitted that the contract was reduced to writing; and the following paper writings,…
1Opinion of the CourtBoyden, J.
The defendant’s counsel lays down the doctrine too broad, when he attempts to maintain tliejposition that, if the plaintiff has a remedy by an action of covenant against one person, he cannot sue in assumpsit another person for the same claim. It has been repeatedly decided in this Court, that where one partner signs his own name and affixes his seal, and then signs the name of his copartner, and affixes a seal to his name, having no authority under seal thus to sign, the party with whom this contract is made may sue, in debt or covenant, the partner who m person made the contract,* and that…
2Cited by4 opinions
- Boyd v. . TurpinSupreme Court of North Carolina · 1886
- Colonial Acceptance Corp. v. Northeastern Printcrafters, Inc.Court of Appeals of North Carolina · 1985
- Burwell v. . LinthicumSupreme Court of North Carolina · 1888
- Matternes v. City of Winston-SalemSupreme Court of North Carolina · 1974