Cowlin v. Cook

Circuit Court of North Carolina

Cowlin v. Cook

1 N.C. 151

U.S. Circuit Court for the District of North Carolina·Decided July 1, 1793·Published

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.

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

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