Cowlin v. Cook

Circuit Court of North Carolina

Cowlin v. Cook

1 N.C. 151

CourtU.S. Circuit Court for the District of North Carolina

DecidedJuly 1, 1793

StatusPublished

This text of 1 N.C. 151 (Cowlin v. Cook) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cowlin v. Cook, 1 N.C. 151 (circtnc 1793).

Pincite

Opinion

Curia.

Crew, C. J. Doderidge, J. Jones, J. and Whitlock, J.

By the words non implacitaret he has waved the benefit of the obligation: But yet this promise does not take away the force of the obligation: for he may sue the obligor presently, and the other may have his action on the promise quod non implacitaret, which shall not be intended for an hour, or a day, but for his whole life. In Bracham’s case, it was resolved, that a consideration that he would forbear, shall be intended for his whole life. But if it be paululum tempus, it is a bad consideration. Poph. 183. Noy 83. Hobb 219. 2 Cr. 683.

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Curia.

Crew, C. J. Doderidge, J. Jones, J. and Whitlock, J.

By the words non implacitaret he has waved the benefit of the obligation: But yet this promise does not take away the force of the obligation: for he may sue the obligor presently, and the other may have his action on the promise quod non implacitaret, which shall not be intended for an hour, or a day, but for his whole life. In Bracham’s case, it was resolved, that a consideration that he would forbear, shall be intended for his whole life. But if it be paululum tempus, it is a bad consideration. Poph. 183. Noy 83. Hobb 219. 2 Cr. 683.

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Bluebook (online)

1 N.C. 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cowlin-v-cook-circtnc-1793.