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3 N.C. 109

Blake v. Wheaton

Superior Court of North Carolina

Decided November 15, 1799

Superior Court of North Carolina · decided 1799-11-15

Vy'BS.;i and his partner drew a note pavable to Whet - * * ion o> order, who endorsed to the plaintiffs. — -There was a verdict for dm plaintiffs, and a motion in arrest of judgment; and upon argument, Mr. Jocelyn insisted that while .he note was in the hands of Wheatbon, no action Could be maintained upon it; he being one of the payers as well as the pavtc, ho : oiild not fjit'í him -elf, nor could he sue another alone ; and as he bad no right of action himself, he could…

Decided 1799-11-15

Per curiam.

¶1We rriav consider this paper as an authority op-power given by both partners to Wfaeadim, to draw on the partnership effects in favor of some third person ; and as an engagement of the partners, that it shall be paid, which is an acceptance ; and then it is an order di-awn by Wheafbn and accepted by himself and partner in favor of the plaintiffs, which is a-valid-contract. It is not unusual for partners to draw, payable to themselves or their order; 2 Doug. 653 : and lor one or both-to endorse to some third person, then why not two promise to pay to the order of one i

¶2Judgment for the plaintiffs.,

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