21 S.E. 434 | N.C. | 1895
CLARK, J., dissents, arguendo
The defendant Nancy Arnold, while she was the wife of Joseph Tyre, executed, together with him, the note upon which suit was brought before a justice of the peace and which *409
constitutes the basis of this action. It purports neither to charge her separate estate nor to be for her benefit; and if it had, the court of a justice of the peace would have had no jurisdiction in the matter.Dougherty v. Sprinkle,
Vick v. Pope,
The attempt of the plaintiff to hold the defendant liable on a new promise cannot be successful. His testimony and that of Goodman on this point was not sufficient to go to the jury; and if the promise had been proved it would be nudum pactum for the reason that there was no present consideration for the promise, and the consideration of the note was not for the benefit of her sole and separate estate.
There is no error in the ruling of the court below and the judgment is
Affirmed.