Hudgins v. . Perry
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Perquim-ans County, at the Spring Term, 1846, his Honor Judge Bailey, presiding. This was a special action on the case. The facts are as follows. One Stephen Elliott, being indebted to James C. Skinner by bond, proposed to pay it, by a bond or note which he held on the defendant. To this arrangement Skinner assented, so far as to agree to wait for his money, until Elliott could recover the amount due him, from Perry.
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Appeal from the Superior Court of Law of Perquim-ans County, at the Spring Term, 1846, his Honor Judge Bailey, presiding. This was a special action on the case. The facts are as follows. One Stephen Elliott, being indebted to James C. Skinner by bond, proposed to pay it, by a bond or note which he held on the defendant. To this arrangement Skinner assented, so far as to agree to wait for his money, until Elliott could recover the amount due him, from Perry. The latter, not wishing to be sued, proposed to Elliott and Skinner to furnish Elliott with a note, upon which suit might be brought to…
1Opinion of the Court
We concur with his Honor, that the action cannot be sustained. If the defendant had received the Gordon money, it would have been received by him to the use of the plaintiff, and the equitable interest conveyed by him to the plaintiff would have been a sufficient consideration to support the implied promise to pay. But here the money has been received by Skinner to his own use, though wrongfully. The plaintiff's declaration contains two counts, the first upon a warranty of title and a right to transfer, the second upon a mere contract that the claim thereby transferred was good and…
2Cited by3 opinions
- Hartley v. BallouSupreme Court of North Carolina · 1974
- Nationwide Mutual Insurance v. Don Allen Chevrolet Co.Supreme Court of North Carolina · 1960
- Driver v. SnowSupreme Court of North Carolina · 1956