Wait v. . Williams

77 N.C. 270

• Court: Supreme Court of North Carolina
• Decided: June 5, 1877
• Status: Published

Opinion

Reads, J.

The defendant was indebted to an Insurance: Company of which the plaintiff- was agent. The defendant drew an order on Jones & Co. for the amount, and the defendant and the plaintiff both together' went to Jones & Co. with the order, and Jones & Co. paid a part, and could not pay the whole. The plaintiff then, at the request of the defendant, advanced to the Insurance Company the balance which the defendant owed, and the defendant became indebted to the plaintiff individually, and not as agent, for the amount so advanced. And the defendant left the said order upon Jones & Co. with the plaintiff, with instructions to hold it and try to collect it out of Jones & Co., and with the proceeds pay himself. The plaintiff used due diligence to collect it, and failed, because Jones & Co. could not pay it.

Upon this state of facts there is not even a plausible reason why the plaintiff should not recover.

There is no error.

Per Curiam. Judgment affirmed.