Hill's case

Circuit Court of North Carolina

Hill's case

1 N.C. 114

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

Opinion

Doderidge, J.

The words are not actionable. Perhaps he meant that his belly bursted open. To say: that he has broken twice is not actionable, for many persons who have been bankrupts heretofore are now able.

Jones, J.

He will break shortly may be actionable; but I will make him break shortly is not.

Crew, C. J. agreed.

And a day was given to shew cause why judgment should not be arrested. Marshall vs. Allen. Noy 77. Hutton vs. Boreman. Bendl. 170.

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Doderidge, J.

The words are not actionable. Perhaps he meant that his belly bursted open. To say: that he has broken twice is not actionable, for many persons who have been bankrupts heretofore are now able.

Jones, J.

He will break shortly may be actionable; but I will make him break shortly is not.

Crew, C. J. agreed.

And a day was given to shew cause why judgment should not be arrested. Marshall vs. Allen. Noy 77. Hutton vs. Boreman. Bendl. 170.

Hill's case, 1 N.C. 114 (circtnc 1793).

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