McCall v. . Clayton

Supreme Court of North Carolina

McCall v. . Clayton

44 N.C. 422

DecidedAugust 5, 1853

StatusPublished

This text of 44 N.C. 422 (McCall v. . Clayton) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McCall v. . Clayton, 44 N.C. 422 (N.C. 1853).

Pincite

Opinion

The propriety of the judgment of nonsuit in this case is fully shown by the cases, among others, of Potts v. Lazarus, 4 N.C. 180; Redmond v.Coffin, 17 N.C. 437, and Oliver v. Dix, 21 N.C. 158. The acknowledgment of the debt due to the plaintiff by the defendant was not in his individual, but his representative, capacity; and the law implies a promise to pay by his principal instead of himself. The judgment is affirmed.

PER CURIAM. Judgment affirmed.

Cited: Bryson v. Lucas, 84 N.C. 681; Rounsaville v. Ins. Co.,138 N.C. 195; Hicks v. Kenan, 139 N.C. 344.

Distinguished: Davis v. Burnett, 49 N.C. 74.

Free access — add to your briefcase to read the full text and ask questions with AI

The propriety of the judgment of nonsuit in this case is fully shown by the cases, among others, of Potts v. Lazarus, 4 N.C. 180; Redmond v.Coffin, 17 N.C. 437, and Oliver v. Dix, 21 N.C. 158. The acknowledgment of the debt due to the plaintiff by the defendant was not in his individual, but his representative, capacity; and the law implies a promise to pay by his principal instead of himself. The judgment is affirmed.

PER CURIAM. Judgment affirmed.

Cited: Bryson v. Lucas, 84 N.C. 681; Rounsaville v. Ins. Co.,138 N.C. 195; Hicks v. Kenan, 139 N.C. 344.

Distinguished: Davis v. Burnett, 49 N.C. 74.

Cite This Page — Counsel Stack

Bluebook (online)

44 N.C. 422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccall-v-clayton-nc-1853.

Opinion

Related

Cite This Page — Counsel Stack