Partin v. . Prince
Supreme Court of North Carolina
Appeal by iilaintiff from Brag cm, J., at April Term, 1912, of WaKE. Civil action. At tbe conclusion of tbe evidence, a motion to nonsuit was sustained. Tbe plaintiff appealed. Tbe facts are sufficiently stated in tbe opinion of tbe Court by Mr. Justice Brown.
1Opinion of the CourtBrown, J.
The plaintiff sued to'recover $500 wbieb tbe defendant procured from tbe plaintiff for tbe purpose of investigating tbe same. Tbe plaintiff claimed tbat tbe defendant promised to guarantee tbe investment at tbe time tbe money was placed in bis bands at bis request; tbat tbe defendant bad tbe use and control of tbe money without any direction from tbe plaintiff, and tbat tbis formed a consideration wbieb supported tbe guaranty.
Tbe defendant claimed tbat tbe transaction, upon the plaintiff’s own showing, was a promise to answer for tbe payment of tbe debt of another, and not being in writing,…
2Cases cited4 opinions
- Whitehurst v. . HymanSupreme Court of North Carolina · 1884
- Coleman v. . FullerSupreme Court of North Carolina · 1890
- Whitehurst v. . PadgettSupreme Court of North Carolina · 1911
- Dale v. Gaither Lumber Co.Supreme Court of North Carolina · 1910
3Cited by2 opinions
- Hodgson v. BurroughsCourt of Appeals of Maryland · 1938
- McCoy, Guardian v. HydrickSupreme Court of South Carolina · 1928