Blake v. Wheaton, 3 N.C. 109, 2 Hayw. 109 (1799)

Nov. 1799 · North Carolina Superior Court

3 N.C. 109, 2 Hayw. 109

Wilmington,

November Term, 1799.

John Louis Tayloe, jo.\'i JLyywood, J. Judges.

Blake and Green vs. Wheaton.

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 not üansfer sach right te another.

Per curiam.

We 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

Judgment for the plaintiffs.,