Long v. . Rankin
Supreme Court of North Carolina
Civil ACTION, tried before Whitaker, J., upon complaint and demurrer, at February Term, 1891, of Halifax Superior Court.
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Civil ACTION, tried before Whitaker, J., upon complaint and demurrer, at February Term, 1891, of Halifax Superior Court. The plaintiffs alleged— ******* 3. That on the 18th day of March, 1887, Susan J. Bell executed to the plaintiffs her promissory note, whereby she promised to pay the plaintiffs, on demand, fifteen hundred dollars, with interest at six per cent, from date. 4. That no part thereof has been paid. 5. That prior to said time, the said Susan J. Bell had conveyed to her husband, David B. Bell, one-half interest in the Gibson Hill gold mine tract of land in Guilford County, upon…
1Opinion of the Court
Shephjürd, J.:
As the complaint does not distinctly allege the existence of any separate estate (Doughtery v. Sprinkle, 88 N. C., 300), and the action is not brought for the purpose of subjecting the same to an equitable charge, but is grounded upon the alleged legal obligation incurred after discover- ture, the only question which we can consider is the'-sufficiency of the consideration to support the promise sued upon. The note was unquestionably void when executed, and there was no new consideration subsequent to the removal of the marital disability, as in Bank v. Bridgers, 98 N. C., 67..…
2Cases cited7 opinions
- Farthing v. . ShieldsSupreme Court of North Carolina · 1890
- Dougherty v. . SprinkleSupreme Court of North Carolina · 1883
- Flaum v. Wallace Bros.Supreme Court of North Carolina · 1889
- Bank of New Hanover v. BridgersSupreme Court of North Carolina · 1887
- Sims v. . RaySupreme Court of North Carolina · 1887
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