Superior Court of North Carolina, 1800

Benners v. . Howard

Benners v. . Howard
Superior Court of North Carolina · Decided July 5, 1800 · By the Court.
1 N.C. 172

Counsel

(173) Slade for the plaintiff . Graham for the defendant .

Benners v. . Howard

Opinion of the Court

Where a promise is to pay a sum of money, but no time is mentioned, it is due presently, and an action lies without any request. But where, under the like circumstances, a promise is made to deliver goods or to do a collateral act, it is necessary that the party to whom it is to be done should make a demand of the promiser before an action is brought. Though no express promise be made in the present case, the law implies that the borrower should restore in kind the thing borrowed, on request, or pay the value in damages; but, to maintain a suit for the latter, the request is indispensably necessary.

Judgment for the defendant.

(174)

Case-law data current through December 31, 2025. Source: CourtListener bulk data.