{
  "id": 8691066,
  "name": "DAVID CARPENTER, et al. v. WILLIAM WALL",
  "name_abbreviation": "Carpenter v. Wall",
  "decision_date": "1838-12",
  "docket_number": "",
  "first_page": "144",
  "last_page": "146",
  "citations": [
    {
      "type": "nominative",
      "cite": "3 Dev. & Bat. 144"
    },
    {
      "type": "official",
      "cite": "20 N.C. 144"
    }
  ],
  "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": "11 Johns. 409",
      "category": "reporters:state",
      "reporter": "Johns.",
      "case_ids": [
        2137714
      ],
      "opinion_index": 0,
      "case_paths": [
        "/johns/11/0409-01"
      ]
    }
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  "last_updated": "2023-07-14T14:59:24.594429+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "DAVID CARPENTER, et al. v. WILLIAM WALL."
    ],
    "opinions": [
      {
        "text": "Daniel Judge,\nafter stating the case as above proceeded as follows : \u2014A guaranty is a promise to answer for the payment of some debt, or the performance of some duty,-in case of the failure of another person, who is himself in the first instance liable to such payment or performance. Tell on Guaranties, 1. Smith on Mercantile Law, 277. The evidence shows that the defendant expressly refused to endorse. Did the words, \u201c but they are good,\u201d which he appended to this refusal, amount to a promise that he would guaranty the goodness of the paper transferred/ The Judge left it to the jury to ascertain whether the defendant intended to bind himself as guarantor by using these words. We think, that the words used in the manner they were used, did not furnish any evidence of a promise to make the notes and judgments good. We understand the true rule on this point to be. that if a vendor receive from the purchaser the \u201e ; . . , . , , f , note o\u00ed a third person at the time of the sale, (such note not being forged and there being no fraudulent misrepresentation on the part of the purchaser as to the solvency of the maker,) it is deemed to have been accepted by the vendor in satisfaction, unless the contrary be expressly proved. Whitbeck v. Van Ness, 11 Johns. 409. There is another point which on a subsequent trial may be worthy of \u2022 \u2022 n \u201e \u201e x , , ' \u2022', examination. Our act of 1826 declares, that \u201cno action shall be brought whereby to charge any executor or administrator upon a special promise to answer out of his 1 1 / \u2019 estate, or to charge the defendant upon, any special promise to answer the debt, default or miscarriage of another person, unless the agreement upon which, such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party charged therewith, or some other person thereto by him lawfully authorized.\u201d 1 Rev. Stat. ch. 50, sec. 10. The point to which we would draw attention is, whether the claim of the plaintiff, is not upon a verbal guaranty, within the meaning of this statute, and therefore that a recovery cannot be had on it.\nThere must be a new trial.\nPer Curiam. Judgment reversed.",
        "type": "majority",
        "author": "Daniel Judge,"
      }
    ],
    "attorneys": [
      "Mendenhall, for the defendant.",
      "Winston, for the plaintiffs."
    ],
    "corrections": "",
    "head_matter": "DAVID CARPENTER, et al. v. WILLIAM WALL.\nWhere a purchaser of property, in payment therefor transferred to the vendor notes upon third persons, and upon being requested to endorse the notes for the purpose of enabling the vendor to sue in his own name, refused 'to do so, but said \u201c they were good,\u201d it was held, that the words, \u201c they were good,\u201d used in the manner they were, did not furnish any evidence of a promise to-make the notes good. ,\nWhether such words, if they amount to a promise to make the notes good, do not come within the act of 1826, Rev. Stat. ch. 50, sec. 10,) declaring that \u201cno action shall be brought, whereby to charge the defendant upon any special promise to answer the debt, default or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party charged therewith, or some other person thereto by him lawfully authorized.\u201d Q.U.1?\nThe defendant purchased of the plaintiffs a tract of land and paid for the same in notes and judgments on third persons, some of which securities ultimately proved unavailable. This was an action of assumpsit, in which the plaintiffs declared on a verbal guaranty, made by the defendant of the goodness of the notes and judgments. Plea \u2014 non assump-sit. On the trial at Anson, on the last circuit, before his Honor Judge Nash, it appeared that at the time when the notes and judgments were passed, it was proposed by a witness who was present, that the defendant should endorse the notes to enable the plaintiffs to sue in their own names. The defendant said he would not endorse them, \u201c but they were good.\u201d It was at that time supposed by all the parties that the notes and judgments were good. His Honor left it to the jury to say, whether the defendant meant to guaranty the goodness of the papers passed ; if so, they were at liberty to find for the plaintiffs. The jury found a verdict for the plaintiffs, and the defendant submitted a motion for a new trial, \u201c because the Court ought to have told the jury, that there was no evidence before them to prove a guaranty ; and therefore that the Court erred inleaving it to them.\u201d The motion for a new trial was overruled, and judgment pronounced, from which the defendant appealed.\nDec. 1838.\nAguaranty'is a P\u2122\u2122esre the pay-some pe\u00b0r-fo\u2122anca qj some duty, in MureVf18 yho is the first in-ble^oWch anee.\nif a vendor from^tho purchaser the note of a third per-tfm/onha \u00ae\u00ae*\u00ae\u00bf ^\u00ae11 being.forg-there being [e\u00b0ltfrna,\u201cad.a' represen-, tationon the part of the purchaser as the \u00ae\u00b01' vency of the maker) eVto'have the vendor tfonVnlesa *ebce0\"\u201ca Pres|1(|r pr\u00b0ve \"\nMendenhall, for the defendant.\nWinston, for the plaintiffs."
  },
  "file_name": "0144-01",
  "first_page_order": 274,
  "last_page_order": 276
}