Hodges v. . Armstrong
Supreme Court of North Carolina
Assumpsit for money paid to the use of the defendant, tried before his Honor Judge Daniel, at Cumberland, on the last spring circuit- On the trial, upon non assump-sit pleaded, the case was as follows: The plaintiff was the surety of the defendant’s intestate'and of one William Hodges, upon a bond payable to one McArthur ; before the bond became due the principal debtors died, and the plaintiff administered upon the estate of William Hodges, and the defendant upon that of…
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Assumpsit for money paid to the use of the defendant, tried before his Honor Judge Daniel, at Cumberland, on the last spring circuit- On the trial, upon non assump-sit pleaded, the case was as follows: The plaintiff was the surety of the defendant’s intestate'and of one William Hodges, upon a bond payable to one McArthur ; before the bond became due the principal debtors died, and the plaintiff administered upon the estate of William Hodges, and the defendant upon that of Armstrong; suit was brought by McArthur against the plaintiff and defendant in their representative characters, and…
1Opinion of the Court
Huefin, Judge.
As a surety cannot maintain an action against his principal merely upon the rendering of a judgment against the former, it was material and nr- cess ary that the plaintiff in this case should show a Satisfaction of the judgment by a payment made by himself. To make that fact appear; he proved that he deposited the money with a friend, to be' delivered to the original creditor, with express directions not to pay it in discharge and satisfaction of the judgment, but to take an assignment thereof, for the purpose of keeping it in force against the defendant. The agent complied with…
2Cited by10 opinions
- Davison v. Gregory.Supreme Court of North Carolina · 1903
- Ingram v. Nationwide Mutual Insurance CompanySupreme Court of North Carolina · 1963
- Ingram v. SmithCourt of Appeals of North Carolina · 1972
- Bank of North Wilkesboro v. Wilkesboro Hotel Co.Supreme Court of North Carolina · 1908
- Greenville Supply Co. v. WhitehurstSupreme Court of North Carolina · 1932
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