Goodwin v. . Willoughby

Court of King's Bench

Goodwin v. . Willoughby

1 N.C. 731

DecidedJuly 5, 1793

StatusPublished

This text of 1 N.C. 731 (Goodwin v. . Willoughby) 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

Goodwin v. . Willoughby, 1 N.C. 731 (kingsbench 1793).

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Opinions

It would be an endless labor to show all the accounts. It is sufficient to say: Quod cum indebitatus existit, assumpsit, etc.

(2) He does not show on what ground the wife was suable, or that she is executrix, or chargeable with the debt. It is no more than if I. S. told I. D. that he is going to sue him, who promises that if I. S. will not sue him, etc. This is no ground of action. If it were, this would open a door to barrators to vex honest men. He who has no debt due to him has no occasion to forbear suing.

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It would be an endless labor to show all the accounts. It is sufficient to say: Quod cum indebitatus existit, assumpsit, etc.

(2) He does not show on what ground the wife was suable, or that she is executrix, or chargeable with the debt. It is no more than if I. S. told I. D. that he is going to sue him, who promises that if I. S. will not sue him, etc. This is no ground of action. If it were, this would open a door to barrators to vex honest men. He who has no debt due to him has no occasion to forbear suing.

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1 N.C. 731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodwin-v-willoughby-kingsbench-1793.