Mason v. . Wilson
Supreme Court of North Carolina
Appeal from a justice of the peace tried at Rail Term, 1880, of Mecklenbur® Superior Court, before Seymour, J. The plaintiff both before the justice and in this court based her claim upon the promise of the defendant Wilson fo pay a debt due by one Green to the plaintiff.
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Appeal from a justice of the peace tried at Rail Term, 1880, of Mecklenbur® Superior Court, before Seymour, J. The plaintiff both before the justice and in this court based her claim upon the promise of the defendant Wilson fo pay a debt due by one Green to the plaintiff. The facts disclosed by the evidence on the trial were as follows-: On the 11th day of March, 1874, the said Green made and delivered to plaintiff a promissory note for the sum of eighty dollars for money borrowed,, and shortly thereafter Green was charged with a 'crime and fled the county, leaving all bis property in the…
1Opinion of the CourtAshe, J.
The question of jurisdiction raised by the •defendant's exception cannot be sustained,’for the action is slot upon the lost note (see Fisher v. Webb, ante,) but is in nature-of assumpsit for money had -and received tothe use •of the plaintiff. T-he defendant contends that the action cannot be sustained, for the reason that the promise of the defendant is to pay the debt'of 'Green and is within the ■statute of frauds.
In construing this statute, (our act of 1819), it may be ‘laid down as a general rule, “that a promise to answer for the debt, default or miscarriage of another for which that…
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- Deaver v. DeaverSupreme Court of North Carolina · 1904
- Balentine v. . GillSupreme Court of North Carolina · 1940
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