Leaksville-Spray Institute v. Mebane
Supreme Court of North Carolina
Appeal by defendant from Lane, J., at November Term, 1913, of RockiNghaM. This is an action by tbe trustees of tbe Leaksville-Spray Institute to recover $1,500, alleged to be due on a certain paper-writing, not under seal, executed by tbe defendant on or about 1 August, 1908, by wbicb be promised to pay the plaintiffs, sixty days after date, $1,500. Tbe principal defense relied on by tbe defendant is that there was no consideration to support tbe promise.
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Appeal by defendant from Lane, J., at November Term, 1913, of RockiNghaM. This is an action by tbe trustees of tbe Leaksville-Spray Institute to recover $1,500, alleged to be due on a certain paper-writing, not under seal, executed by tbe defendant on or about 1 August, 1908, by wbicb be promised to pay the plaintiffs, sixty days after date, $1,500. Tbe principal defense relied on by tbe defendant is that there was no consideration to support tbe promise. Tbe facts leading up to tbe execution of tbe paper-writing are as follows Í “In 1907, tbe General Assembly of North Carolina chartered tbe…
1Opinion of the Court
AlleN, I.,
after stating the case: The authorities fully support the charge of his Honor: Brown v. Ray, 32 N. C., 13; Faust v. Faust, 144 N. C., 386; Kirkman v. Hodgin, 151 N. C., 591. In the first of these cases Pearson, G. J., said: “To make a Consideration it is not necessary that the person making the promise should receive or expect to receive any benefit. It is sufficient if the other party be subjected to loss or inconvenience. A trust or confidence reposed, by reason of an undertaking to do an act, is held to be a sufficient consideration to support an action on the promise”; and this…
2Cases cited4 opinions
- Hamer v. . SidwayNew York Court of Appeals · 1891
- Faust v. . FaustSupreme Court of North Carolina · 1907
- Kirkman v. . HodginSupreme Court of North Carolina · 1909
- Shaver v. . AdamsSupreme Court of North Carolina · 1848
3Cited by26 opinions
- Penley v. PenleySupreme Court of North Carolina · 1985
- Carolina Helicopter Corp. v. Cutter Realty Co.Supreme Court of North Carolina · 1964
- Exum v. LynchSupreme Court of North Carolina · 1924
- Fisher v. . Lumber Co.Supreme Court of North Carolina · 1922
- Fisher v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1922
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