Daniels v. Duck Island, Inc.
Daniels v. Duck Island, Inc.
Opinion of the Court
We think the court below correct in its judgment in overruling defendants’ demurrer. We think the case of Barkley v. Realty Co., 211 N. C., 540 (542), is controlling. It is there written: “It is provided by statute in this State that The plaintiff may unite in the same complaint several causes of action, of legal or equitable nature,
In Whitehurst v. Hyman, 90 N. C., 487 (489), we find: “It is settled by many judicial decisions in construing this statute (C. S., 987), and others substantially like it, that where there is some new and original consideration of benefit or harm moving between the party to whom the debt to be paid is due, and the party making the promise to pay the same, such case is not within the statute; as where a promise to pay an existing debt is made in consideration of property placed by the debtor in the hands of the party promising, . . . such promises are not within the statute, because they are not made Ho answer the debt, default, or miscarriage of another person.’” Jennings v. Keel, 196 N. C., 675 (680-681).
For the reasons given, the judgment of the court below is
Affirmed.
Reference
- Full Case Name
- M. L. DANIELS, O. J. JONES, Trading as JONES WHOLESALE COMPANY, and H. A. CREEF, Trading as MANTEO MACHINE SHOP v. DUCK ISLAND, INCORPORATED, THEODORE S. MEEKINS, ERNEST E. MEEKINS, LOUISE M. MEEKINS, and D. E. EVANS, Trustee
- Status
- Published