I—SECTION TWO
PAGE TWO
This Is The Law
By ROBERT E. LEE
' (For the N. C. Bu Association)
Engagements Os Marriage
Note: This is one of a fall
series of articles which will
appear each week through
out the next three months.
They hare been written for
m non-lawyer eg a public
service of the North Carolina
H* Association.
Joe and Mary are happily
engaged to be married. Joe’s
parents are determined that the
'marriage shall not occur. They
deliberately and maliciously in
terfere by alienating the affec
tions of Joe for Mary. The en-j
is terminated. Does
Mary have a legal cause of ac
tion against Joe’s parents?
Nq. An action cannot be
maintained for inducing their
11 ciuld to breach a contract to'
q rrwfy even though the motive
-—is malicious.
The law does not give to a
party who has a valid contract
to marry the protection against
unjustifiable interference that is
apcOrded to one who has a con
tract cf employment or sale.
The rule applies even though
j the person who has intermeddled |
is not a parent. Indeed, it ap-j
plies eypn though the person is
inspired by ill will and has no
interest .of his own to advance.
To hold otherwise would be
to pfive to every disappointed
a cause pf action against
his successful rival.
Tlie person who maliciously
interferes is, of course, liable if
theS? is a slander or libel of
one .of the parties to the en
gagement agreement. The ac
tion is nat against the third
person for breach of the con
tract. but for slander or libel,
as the case may be.
If there is not a mutual ter
mination of the engagement
agreement, Mary may recover
damages from Joe, if he is an
aduß, for his breach of promise
to marry her.
i
Henry, without cause, breaks
his engagement agreement with
Susie, and dies two years later
leaving a large estate. May
Susie sue Henry’s estate for
breach of his promise to marry?
Yes. In North Carolina an
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action for breach of promise
does not abate on the death oD
the defendant, but survives as I
an action against his estate. In 1
most of the other states the
cause of action does not survive,
the death of either psrty.
There would in no state be
a cause of action against the
adult defendant if he himself
had died prior to the breach.
Statement Required By the Act
Os August 24, 1912, As Amended
By the Acts of March 3, 1933,
July 2, 1946 and June 11, 1990
(74 Slat. 203) Showing the Qwn
ership. Management and Circula
tion of: •
The Chowan Herald, published
weekly at Edenton, N. C., for
October 1, -1961.
1. The names and addresses
of the publisher, editor and busi
ness managers are:
Publisher The Chowan Her
ald, Edenton, N. C.
Editor J. Edwin Bufflap,
Edenton, N. C.
Business Manager Hector
Lupton, Edenton, N. C.
2. The owners are:
J. Edwin Bufflap, Edentcn,
N. C., and Hector Lupton, Eden
ton, N. C.
3. The known bondholders,
mortgagees and other security
holders owning 1 percent or
more of total amount of bonds,
mortgages, or other securities
j are: None.
] 4. Paragraphs 2 and 3 in
clude, in cases where the stock
holder or security holder appears
upon the books of the company
as trustee or in any other fiduci
ary relation, the name of the per
son or corporation for whom 1
' such trustee is acting; also the
statements in the two para
graphs show the affiant’s full
knowledge and belief as to the
circumstances and conditions un
der which stockholders and se
curity holdlers who do not ap- 1
pear upon the bocks of the com- :
pany as trustees, hold stock and
securities in a capacity other
than that of a bona fide owner.
5. The average number of
copies of each issue of this pub
lication sold or distributed,
] through the mails or otherwise,
tc paid subscribers during the 12
months preceding the date shown
above was: 2,100.
J. EDWIN BUFFLAP,
Editor.
Sworn to and subscribed be
fore me this 2nd day of Oc
tober, 1961. I
CELIA ,D. SPIVEY.
(Seal) Notary Public.
My commission expires June
17, 1963.
Legal Notices
NOTICE OF ADMINISTRATION
Having qualified as Executrix
of the estate of William M.
Hathaway, deceased, late of
Chowan County, North Caro- 1
lina, this is to notify all per-1
sons having claims against the I
estate of said deceased to ex-1
hibit them to the undersigned
at Edenton, North Carolina, on |
or before the 27th day of Sep-1
tember, 1962, or this notice will 1
be pleaded in bar of their re- j
covery. All persons indebted to
said estate will please make im-1
mediate payment. J
This September 27, 1961
MARGARET HATHAWAY
Executrix of the Estate of Wil
liam M. Hathaway. .
GnGWAN HERALD. EDENTON, NQRTH CAROLINA, TSuRSPA?. OCTOBER 6, 1981,
NOTICE OF ADMINISTRATION
, Having qualified as- Admini
strator of the estate of Cornelia
jA. Spivey, deceased, late of Cho
wan County, North Carolina, this
is to notify all persons having
claims against the estate of said
j deceased to exhibit them to the
I undersigned at Ryland, North
Carolina, on or before the 21st
day of September, 1962, or this
notice will be pleaded in bar of
their recovery. All persons in
debted to said estate will please
make immediate payment.
This September 21, 1961.
APOLPH M. SPIVEY.
Administrator of
; Cornelia A. Spivey.
5ept21, 28, 6ct5,12,19,26c 1
NOTICE QF ADMINISTRATION
Having qualified as Admini
strator of the estate of Oliver
E. Chappell, deceased, late of
Chowan County, North Carolina,
this is to notify all persons hav
ing claims against the estate of
said deceased to exhibit them
to the undersigned at Cora
peake, North Carolina, on or
before the 14th day of Sep
tember, 1962, or this notice will
be pleaded in bar of their re
covery. All persons indebted
to said estate will please make
immediate payment.
This September 14, 1961.
ELGIN W. BYRUM,
Administrator of
Oliver E. Chappell.
( 5ept14,21,28,0ct5,12,19c
NOTICE OF ADMINISTRATION
Having qualified as Admini
strator qf the estate of Bettie H.
Watford, deceased, late of Cho
wan County, North Carolina, this
is to notify all persons having
claims against the estate of said
deceased to exhibit them to the
undersigned at Edenton. North
Carolina, on or before the 25th
day of August. 1962, or this no
tice will be pleaded in bar of
their recovery. All persons in
debted to said estate will please
make immediate payment.
This August 25, 1961.
W. S. PRIVOTT,
Administrator of
Est. of Bettie H. Watford
Aug31,5ept7,14,21,28,0ct5c
EXECUTRIX NOTICE
Having qualified as Executrix
of the estate of John A. Bunch,
deceased, late of Chowan Coun
ty, Nqrth Carolina, this is to no
tify all persons having claims
against the estate of said de
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YIER'S
' ceased to exhibit them to the (
i undersigned at Edenton, North
! Carolina, on or before the 31st
j day of August, 1962, or this
i notice will be pleaded in bar
jof their recovery. All persons
| indebted to said estate will
I please make immediate pay
ment.
This August 31, 1961.
MRS. JOHN A. BUNCH,
Executrix of
John A. Bunch.
Aug3l,Sep t7,14,21,28,0ct5c
| NOTICE OF ADMINISTRATION
! Having qualified as Executrix
lof the estate of Roxanna H.
Bonner, deceased, late of Cho
wan County, North Carolina,
this is to notify all persons hav
ing claims against the estate of
said deceased to exhibit them
to the undersigned at Edenton,
North Carolina, on or before
the 14th day of September,
1962, or this notice will be
pleaded in bar of their recovery.
All persons indebted to said es
tate will please make immedi
-1 ate payment.
This September 14, 1961.
MRS. JAMES E. GILLIAM,
Executrix of (
Roxanna H. Bonner
5ept14,21,28,0ct5,12,19c
EXECUTRIX NOTICE
Having qualified as Executrix
of the estate of Fred Brown, de
ceased, late of Cnowan County,
North Carolina, this is to notify
all persons having claims against
the estate cf said deceased to ex
hibit them to the undersigned at
Edenton, North Carolina, on or
before the 23rd day of Septem
ber, 1962. or this notice will be
pleaded in bar of their recovery.
All persons indebted to said es-1
tate will please make immediate I
payment.
This September 23, 1961.
LUCINDA BROWN
Executrix of
Fred Brown.
5ept28,0ct5,12,19,26,N0v2c
Town of Edenton, North Carolina
NOTICE OF SPECIAL
ELECTION
Notice is hereby given that a
Special Election will be held in :
the Town of Edenton, North
Carolina, on the 21st day of No
vember. 1961, for the purpose of
submitting the question whether
the qualified voters of said
Town shall approve the indebt
edness to be incurred by the is
suance pf bonds of said Town
of the maximum principal
amount of $543,000 to finance
-the enlargement and extension
of the sanitary sewer system of
the Town of Edenton by the
construction of a new sewage
-disposal plant and interceptor
sawers, pumping stations, sewer
mains and other--facilities needed
to connect such plant with such
sanitary sewer system and by
the acquisition of the lands or
rights in land and equipment
needed therefor, and the tax to
be levied for the payment there
of, and also the bond ordinance
adopted by the Board of Coun
cilmen of said Town on Septem
ber 12, 1961, which authorizes
the issuance of said bonds for
such purpose and the levy of
such ,ax.
The ballots to be used at said
election shall contain the words
“For the ordinance authorizing
$543,000 of bonds to finance the
enlargement and extension of the
sanitary sewer system of the
Town of Edenton by the con
struction of a new sewage dis
posal plant and interceptor sew
ers, pumping stations, sewer
mains and other facilities need
ed to connect such plant with
such sanitary sewer system and
by the acquisition of the lands
or rights in land and equipment
needed therefor, and a tax there
for” and the words “Against the
ordinance authorizing $543,000 of
bonds to finance the enlargement
and extension of the sanitary
sewer system of the Town of
Edenton by the construction of
a new sewage disposal plant and
interceptor sewers, pumping sta
tions, sewer mains and other fa
cilities needed tc connect such
plant with such sanitary sewer
svstem and by the acquisition of
I the lands or rights in land and
(equipment needed therefor, and.
j a tax therefor” with squares in
| front of each proposition in one
of which souares the voter mav
make an (X) mark to indicate
his choice.
In the event that the qualified
voters approve the indebtedness
to be incurred by the issuance
of said bonds and the tax there
for and said ordinance, the bonds
authorized by such ordinance
will be issued for the purpose
stated and an annual tax suffici
ent to pay the principal of and
interest on said bonds will be
levied.
The polls for said election will
open at the hour of 6:30 o’clock
A. M., and will close at the
hour of 6:30 P. M., Efctfers
Standard Time. Every frtrsofi
l offering to vote must be <* Jeg
- ally registered voter.
The polling place which has
been designated for each polling
precinct and the persons who
‘ have been appointed to act as
Registrar and Judges of Election
in each such precinct are as fol
l lows:
First Ward: Polling Place,
■Municipal Building. Registrar,
Mrs. Annie W. Williams.
' Judges of Election, Mrs. J. A
' Curran and Mrs. S. F. Hicks.
Second Ward: Polling Place,
Chowan County Court House.
Registrar, Mrs. Jean Cullipher.
..Judges of Election, Mrs. Hay
! wood Bunch and Mrs. Richard
. HollcwelL
Third Ward: Polling Place,
Electric & Water Plaht. Regis
trar, Mrs. Roy SpruilL Judges
of Election, Mrs. George Lewie
and Mrs. Agnes Harless. y
Fourth Ward: Polling Place,
National Guard Armory on
North Broad Street. Registrar.
Mrs. W. W. Porter. Judges of
Election, Mrs. W. E. Mills and
Mrs. J. E. Cozzens.
Each Registrar will be fur
nished with the registration hook
used in his polling precinct at
the last regular election held in
the Town of Edenton (being the
regular municipal election held
on May 2nd, 1961) and he will
. revise the registration book sp
that it will show an accurate list
of the electors previously regis
tered in such polling precinct
and still residing therein, with
out requiring such electors to
register anew. Each Registrar
will keep the registration book
in his polling precinct open for
the registration of new electors
on each day (Sundays and holi
days excepted) for the period
beginning Friday, The 3rd day of
• November, 1961, and ending on
Saturday, the 11th dav cf No
vember, 1961. The book will be
kept open on each Saturday
during such period from 9
o’clock A. M. until 9 o’clock
P. M.. and on other days .during
such period from 9 o’clock A. M.
until 5 o’clock P. M., Eastern
Standard Time. Challenge Day
will be Saturday, the 11th day
of November, 1961.
By order of the Board of
Councilmen of the Town of
Edenton.
Dated September 26, 1961.
W. B. SHEPARD.
Town Clerk of the Town of
Edenton. North Carolina.
0ct5,12
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