Ballo v. . Briard

Court of King's Bench

Ballo v. . Briard

1 N.C. 796

DecidedJuly 5, 1793

StatusPublished

This text of 1 N.C. 796 (Ballo v. . Briard) is published on Counsel Stack Legal Research, covering Court of King's Bench primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ballo v. . Briard, 1 N.C. 796 (kingsbench 1793).

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Opinion

1. The declaration is on a charter party between Briard and Hill, of the one part, and it is shown that Briard did not perform; while he ought to have declared that neither Briard nor Hill did perform. For if Hill did perform, it is sufficient. As in debt against an executor, the declaration ought to be that neither the executor nor the testator, etc. 9 Rep., 108,Tresham's case. But this was overruled on the authority of Clovery's case.

2. They ought to show that the place appointed was not one of those excepted. 8 E., 4, 7. Sed non allocatur, for this shall not be intended. Intrat., T. 3 Car. rot., 1038.

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1. The declaration is on a charter party between Briard and Hill, of the one part, and it is shown that Briard did not perform; while he ought to have declared that neither Briard nor Hill did perform. For if Hill did perform, it is sufficient. As in debt against an executor, the declaration ought to be that neither the executor nor the testator, etc. 9 Rep., 108,Tresham's case. But this was overruled on the authority of Clovery's case.

2. They ought to show that the place appointed was not one of those excepted. 8 E., 4, 7. Sed non allocatur, for this shall not be intended. Intrat., T. 3 Car. rot., 1038.

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Bluebook (online)

1 N.C. 796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ballo-v-briard-kingsbench-1793.