Supreme Court of North Carolina, 1853

McCall v. Clayton

McCall v. Clayton
Supreme Court of North Carolina · Decided August 15, 1853 · Battle
44 N.C. 422

McCall v. Clayton

Opinion of the Court

Battle, J.

The propriety of the judgment of nonsuit in this case is fully shown by the cases, among others, of Potts v. Lazarus, 2 Car. L. Repos. 83 ; Redmond v. Coffin, 2 Dev. Eq. Rep. 441, and Oliver v. Dix, 1 Dev. & Bat. Eq. Rep. 158. The acknowledgement 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.

Pee. CuRIam. Judgment affirmed.

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