Kesler v. . Mauney
Supreme Court of North Carolina
Civil ActioN tried at Fall Term, 1882, of RowaN Superior Court, before Ghtdger, J. Verdict and judgment for defendant. Appeal by plaintiff.
1Opinion of the CourtSmith, C. J.
When this cause was before us on the former appeal, it was held that the defendant, surety to the note in suit, was a guarantor, whose duty it was to see that the debt was paid, and that the collateral security provided in the mortgage by the principal debtor is made available and applied thereto in the absence of any undertaking on the part of the creditor to do so. 82 N. C., 456.
Since the decision and during the progress of the cause in the court below, the defendant died, and the present defendant, who took out letters of administration on his estate, has been substituted in place of his…
2Cases cited7 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Barnhardt v. . SmithSupreme Court of North Carolina · 1882
- Woodhouse v. . Simmons, Ex'r.Supreme Court of North Carolina · 1875
- Knight v. . KillebrewSupreme Court of North Carolina · 1882
- Murphy v. RaySupreme Court of North Carolina · 1875
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3Cited by4 opinions
- McGowan v. DavenportSupreme Court of North Carolina · 1904
- McGowan v. . DavenportSupreme Court of North Carolina · 1904
- Smith v. . SmithSupreme Court of North Carolina · 1888
- Williams v. . CooperSupreme Court of North Carolina · 1893