| Summary: | On 1 December 1838, Alexander Mebane, the testator of the defendant, entered into an agreement with Williams whereby the latter was to act as Mebane's agent in the business of buying and selling slaves, and in return for his assistance, Williams was to be allowed one half of the profits. On this point the Supreme Court ruled that a general authority had been given and that Williams was entitled to buy for cash or on credit at his discretion. On 9 January 1840 the parties had settled in full and agreed to continue the business on the same terms until 1 January 1841. A similar renewal was made on 31 January 1841 and again on 23 March 1842, with the latter renewal running to 1 January 1843. The testator Mebane had a large estate and resided in Bertie county. Williams had no visible estate. On 23 September 1841 the plaintiff sold a male slave to Williams, as agent for Mebane, for [dollars] 525. Williams gave him a note signed and sealed in the name of Mebane with John Sutton as a surety. The slave was delivered to Williams who afterwards sold him for a profit and delivered the proceeds to Mebane. The plaintiff said that he felt that Williams had ample authority to bind Mebane. Sutton was insolvent, and Mebane refused to pay the note when asked to do so, on the grounds that Williams had no right to bind him by a sealed instrument. The Supreme Court said that this argument was not tenable. As Williams had previously failed to settle, had become insolvent and had left the county in debt, the plaintiff demanded that Mebane should pay the note with interest. The Supreme Court concluded that Mebane should pay up and the defendant had to pay the sum of [dollars] 525 plus interest and costs.
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