Carter v. . McGehee
Supreme Court of North Carolina
Assumpsit, tried before Mitchell J., at' Fall Term 1867 of tbe Superior Court of Rockingham, upon tbe following case agreed : * The defendant’s intestate, in thfe years 1856 and 1857, became indebted to the plaintiff for boikowed money and executed bonds therefor at the dates of the loans.
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Assumpsit, tried before Mitchell J., at' Fall Term 1867 of tbe Superior Court of Rockingham, upon tbe following case agreed : * The defendant’s intestate, in thfe years 1856 and 1857, became indebted to the plaintiff for boikowed money and executed bonds therefor at the dates of the loans. The principal and interest amounted on the 14th of March 1863 to $3000. On that day Scales offered to pay off his bonds in Confederate notes or State money, and the plaintiff refused to accept them. Thereupon Scales procured the bond of the county of Rockingham for $3000, payable to the plaintiff, but upon…
1Opinion of the Court
Battle J.
The judgment rendered by his Honor in the court below upon the case agreed is undoubtedly correct. The argument of the defendant’s counsel to the contrary is based upon the fallacious idea that the intestate of the defendant was bound as the surety of the county of Rocking-ham, in the ordinary sense in which the word surety is used in connection with a principal. But in legal effect he was not a surety, but a guarantor. A guaranty is defined to be “a promise to answer for the payment of some debt, or the performance of some duty, in case of the failure of another person, who is…
2Cited by4 opinions
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