McCall v. Clayton
Supreme Court of North Carolina
McCall v. Clayton, 44 N.C. 422 (N.C. 1853)
Battle
McCall v. Clayton
Opinion of the Court
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.
Reference
- Full Case Name
- EZEKIEL McCALL v. GEO. CLAYTON
- Status
- Published