Ashford v. . Robinson
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Sampson County, at the Spring Term 1847, his Honor Judge Battle presiding. This is an action upon a guaranty of the note of David Underwood, which the defendant passed to the plaintiff’s intestate in part payment for his crop of cotton, and was tried on the general issue.
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Appeal from the Superior Court of Law of Sampson County, at the Spring Term 1847, his Honor Judge Battle presiding. This is an action upon a guaranty of the note of David Underwood, which the defendant passed to the plaintiff’s intestate in part payment for his crop of cotton, and was tried on the general issue. The guaranty, is in these words: “Clinton, May 1st, 1840. This is to certify, that I pass over the following notes to Sti-eet Ashford for value received, and I agree to make them good, should any of them not be so. One note of J. S. Chesnut for f 138 05. One note on, &c. The above…
1Opinion of the CourtRuffin, C. J.
If this were a contract, within the Act for the prevention of frauds, Rev. Stat. ch. 50, sec. 10, it would not be requisite that the written contract should set forth the particular consideration, but it is sufficient to aver and establish it, by proof aliunde. Miller v. Irvine, 1 Dev. & Bat. 103. But this is not a case within the Act Although, in one sense, it is a promise to an. swer the debt of another, yet it is not simply and merely that, but is, in another sense, the debt of the defendant himself, arising upon a new and original consideration of loss to the plaintiff, and benefit to the…
2Cited by11 opinions
- Peele v. PowellSupreme Court of North Carolina · 1911
- Hall v. Misenheimer.Supreme Court of North Carolina · 1904
- Page Trust Co. v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1924
- Tunstall v. . CobbSupreme Court of North Carolina · 1891
- Peele v. . PowellSupreme Court of North Carolina · 1911
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