{
  "id": 11276874,
  "name": "EZEKIEL McCALL vs. GEO. CLAYTON",
  "name_abbreviation": "McCall v. Clayton",
  "decision_date": "1853-08",
  "docket_number": "",
  "first_page": "422",
  "last_page": "423",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Busb. 422"
    },
    {
      "type": "official",
      "cite": "44 N.C. 422"
    }
  ],
  "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": "1 Dev. & Bat. 153",
      "category": "reporters:state",
      "reporter": "Dev. & Bat.",
      "opinion_index": -1
    },
    {
      "cite": "2 Dev. Eq. 4411",
      "category": "reporters:state",
      "reporter": "Dev. Eq.",
      "opinion_index": -1
    },
    {
      "cite": "2 Dev. Eq. Rep. 441",
      "category": "reporters:state",
      "reporter": "Dev. Eq.",
      "opinion_index": 0
    }
  ],
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  "last_updated": "2023-07-14T19:23:02.564304+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "EZEKIEL McCALL vs. GEO. CLAYTON."
    ],
    "opinions": [
      {
        "text": "Battle, J.\nThe 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.\nPee. CuRIam. Judgment affirmed.",
        "type": "majority",
        "author": "Battle, J."
      }
    ],
    "attorneys": [
      "J. Baxter, for the plaintiff.",
      "Bynum and N. W. Woodfin, for tbe defendant."
    ],
    "corrections": "",
    "head_matter": "EZEKIEL McCALL vs. GEO. CLAYTON.\nArticles were purchased for a manufacturing company, of which A. was the agent, who thereupon gave a due bill in this form: \u201cDue E. M. $78 \u2014 val. rac\u2019d. A. ag\u2019t for the M. Co.\u201d \u2014 Held, that A. was not personally liable thereon.\n(The cases of Potts y. Lazarus, 2 Car. L. Repos. S3; Redmond v. Coffin, 2 Dev. Eq. 4411 Olive v. Dix, 1 Dev. & Bat. 153, cited and approved.)\nassumpsit upon the following instrument:\n\u201c Davidson\u2019s River \u2014 Sept.\n$78. Due Ezekiel McCall, seventy-eight dollars for value received.\n(Signed) GEO. CLAYTON, Agt. for\nDavidson\u2019s River Mr. Company.\u201d\nThe defendant pleaded non assumpsit; and on the trial before his Honor Judge Ellis, at Henderson, on the last Spring Circuit, it appeared that the articles of property for which the due bill was given were furnished by the plaintiff to Davidson\u2019s River Manufacturing Company, and used by them ; but the plaintiff contended that the defendant had become personally liable, acting at the lime as the agent of said Company. By consent of the parties, a verdict was returned for the plaintiff subject to the opinion of the Court upon the question of the plaintiff\u2019s right to maintain the action ; and his Honor, upon consideration of said question reserved, being of opinion that the defendant was a stranger to the consideration, and simply the agent of the Company, and as sucli not personally liable on tbe bill, set aside the verdict, and entered a judgment of nonsuit, from which tbe plaintiff appealed to tbe Supreme Court.\nJ. Baxter, for the plaintiff.\nBynum and N. W. Woodfin, for tbe defendant."
  },
  "file_name": "0422-01",
  "first_page_order": 434,
  "last_page_order": 435
}