{
  "id": 8654000,
  "name": "T. T. MARROW and Wife v. J. J. WHITE and Wife",
  "name_abbreviation": "Marrow v. White",
  "decision_date": "1909-10-06",
  "docket_number": "",
  "first_page": "96",
  "last_page": "96",
  "citations": [
    {
      "type": "official",
      "cite": "151 N.C. 96"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "144 N. C., 461",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    },
    {
      "cite": "137 N. C., 244",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    },
    {
      "cite": "134 N. C., 604",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    },
    {
      "cite": "90 N. C., 490",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    }
  ],
  "analysis": {
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    "simhash": "1:4c4753002882909e",
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  "last_updated": "2023-07-14T21:30:26.349792+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "T. T. MARROW and Wife v. J. J. WHITE and Wife."
    ],
    "opinions": [
      {
        "text": "Clark, C. J.\nThe plaintiffs own a tract of land in Virginia. Their tenant sold some of the crop, and instead of paying the proceeds on the rent paid it to the defendant, a merchant, on his store account for supplies, for which he held a mortgage.\nThe plaintiff testified that the defendant told him, \u201cIf you will wait till Hilliard (the tenant) finishes selling, I will give you my note for the $75, payable next fall.\u201d The Code of Virginia, sec. 2496, gives the landlord a lien \u201cprior to all other liens\u201d and a remedy by distress. We need not consider the question debated before us, whether the landlord\u2019s lien in' that State is lost by not taking out proceedings in distress, for, according to plaintiff\u2019s evidence, the defendant promised to pay the $75 if the plaintiff would let the tenant alone till he had gathered and sold the rest of his crop. This is not a 'promise barred by the statute of frauds, but an independent contract upon a consideration. Whitehurst v. Hyman, 90 N. C., 490; Voorhees v. Porter, 134 N. C., 604; Deaver v. Deaver, 137 N. C., 244; Satterfield v. Kindley, 144 N. C., 461, in which last case the point is fully and clearly presented by Mr. Justice Brown.\nThe nonsuit must be\nReversed.",
        "type": "majority",
        "author": "Clark, C. J."
      }
    ],
    "attorneys": [
      "J. H. Bridgers for plaintiffs.",
      "T. T. Hides for defendants."
    ],
    "corrections": "",
    "head_matter": "T. T. MARROW and Wife v. J. J. WHITE and Wife.\n(Filed 6 October, 1909.)\nContracts \u2014 Debt of Another \u2014 Consideration \u2014 Independent Agreement.\nA promise to the landlord made by one advancing supplies to the tenant, under a mortgage, that if the landlord would wait until the tenant finished selling the crop the promisor would give him his note for the tenant\u2019s rent payable the next fall, is an independent contract between the landlord and one furnishing the supplies, and not barred by the statute of frauds. The question whether the landlord in this case has lost his lien by not following the remedy provided under the Virginia statute, does not arise.\nAppeal by defendant from O. H. Allen, J., May Term, 1909, of VANCE.\nThe fa,cts are sufficiently stated in tbe opinion.\nJ. H. Bridgers for plaintiffs.\nT. T. Hides for defendants."
  },
  "file_name": "0096-01",
  "first_page_order": 140,
  "last_page_order": 140
}