Pool v. Allen

• Decision Date: 31 December 1846
• Citation: 7 Ired. 120,29 N.C. 120
• Court: North Carolina Supreme Court
• Parties: AARON POOL v. DRURY ALLEN.

7 Ired. 120

29 N.C. 120

AARON POOL

v.DRURY ALLEN.

Supreme Court of North Carolina.

December Term, 1846.

Where a person owing a debt has two agents, and one of them pays the debt to a constable, with whom it had been placed by the creditor for collection, and afterwards the other agent pays the same debt to the creditor himself; Held, that the principal might recover back this money, without shewing that the constable had paid to the creditor what he had collected.

Appeal from the Superior Court of Law of Person County, at the Fall Term, 1846, his Honor Judge BATTLE presiding.

This is an action of assumpsit, commenced by warrant before a Justice of the Peace. It was tried in the Superior Court on the general issue; and upon the trial the facts appeared to be as follows. The plaintiff and the defendant resided in Person County until the year 1838, when the plaintiff removed to another State. At the time of his removal, the plaintiff was indebted to the defendant in the sum of $23 85, and he appointed two persons, Stanford Long and Wyatt Pool, his agents in this State, with directions, amongst other things, to pay the debt which he owed to the defendant. At that time, the defendant had placed his claim in the hands of H, Bumpass, a constable, to collect; and soon afterwards, Wyatt Pool saw Bumpass and paid him the money in full. About a month afterwards, Long met with Allen, the defendant, and informed him that he had been instructed by the plaintiff to discharge the debt, and that he was ready to do so as soon as he could see Bumpass. who held the claim for collection. To that the defendant replied, that the debt belonged to him, and that he was the proper person to receive the money; and he said that, if Long would pay it to him, he would stand between him and danger. Upon that assurance, Long paid the debt, $23 85, to Allen; and upon its being afterwards discovered, that it had been before paid by Wyatt Pool to Bumpass, the money paid to the defendant, Allen, was reclaimed from him, and this suit brought to recover it.

Upon these facts, the counsel for the defendant moved the Court to instruct the jury, that the plaintiff ought not to recover, because it did not appear that Bumpass had paid to the defendant the sum which had been paid to Bumpass, and the payment by Long to the defendant himself was voluntary. But the Court refused the prayer, and directed the jury, that if they believed the witnesses, who stated the facts, the...