White v. . Hunt
Supreme Court of North Carolina
Civil action, commenced before a justice, tried by . Watts, J., at Spring Term 1870 of Warren Court. One Claiborne being indebted to the plaintiff, it was agreed between them that the former should leave with a certain person (the defendant) seventy-five dollars, in payment of the debt.
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Civil action, commenced before a justice, tried by . Watts, J., at Spring Term 1870 of Warren Court. One Claiborne being indebted to the plaintiff, it was agreed between them that the former should leave with a certain person (the defendant) seventy-five dollars, in payment of the debt. The defendant, having a settlement shortly after with Claiborne on account of work done by the latter, fell into his debt more than the above amount, and agreed to retain the seventy-five dollars for the plaintiff, paying the residue to Claiborne. Within a few hours afterwards he discovered that the work had…
1Opinion of the CourtBeade, J.
By an agreement between the plaintiff and his debtor Claiborne, the latter was to leave in the hands of the defendant, for the plaintiff, the sum of seventy-five dollars, as a payment pro tanto of his debt. The debtor did leave the amount as promised, and the defendant accepted it for the plaintiff. The moment he did so it was a satisfaction of the plaintiff’s claim against his debtor. The question is, what obligation did that impose upon the defendant to the plaintiff.
If he had refused to receive the money for the plaintiff, then the plaintiff would have lost nothing, because he would, still…
2Cases cited1 opinion
- S. Dixon, Davidson & Co. v. PaceSupreme Court of North Carolina · 1869
3Cited by5 opinions
- Tweeddale v. TweeddaleWisconsin Supreme Court · 1903
- Sayer v. WynkoopNew York Court of Appeals · 1928
- Peacock v. . WilliamsSupreme Court of North Carolina · 1887
- Dunn v. Clinchfield R.Court of Appeals for the Sixth Circuit · 1927
- Morehead v. . Wriston and Johnston, Adm'r.Supreme Court of North Carolina · 1875