Hardy v. . Pool
Supreme Court of North Carolina
Cause removed from the Court of Equity of Pasquotank County, at the Fall Term 1848. In June 1839, Thadeus Freshwater of Pasquotank» wrote, by Willis W. Wright, a letter to the plaintiffs in the following words: “Messrs. Hardy & Brother. Norfolk Ya.: “My friend, Mr. W. W. Wright, goes to yóur City for goods on a short credit. I am satisfied you will be safe in selling him any amount he may see proper to pur* chase.
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Cause removed from the Court of Equity of Pasquotank County, at the Fall Term 1848. In June 1839, Thadeus Freshwater of Pasquotank» wrote, by Willis W. Wright, a letter to the plaintiffs in the following words: “Messrs. Hardy & Brother. Norfolk Ya.: “My friend, Mr. W. W. Wright, goes to yóur City for goods on a short credit. I am satisfied you will be safe in selling him any amount he may see proper to pur* chase. From my long acquaintance with him I do not hesitate to say, that he is as punctual a man as any I know.” The plaintiffs supplied Wright with goods, for which they state a balance…
1Opinion of the CourtRuffin, C. J.
The bill, we think, cannot be sustained* There is no trust to discharge this debt, or in favor of the plaintiff's mminatim, and their counsel admit, that they can only claim by subrogation to the rights of Freshwater, who, they say, was the surety for the plaintiffs’ debts and is secured in the deed from loss by his liability. It is true, that between creditors and sureties there is the right, that one of them shall communicate to the other the bene* fit of all collateral securities. But the misfortune of the plaintiffs is, that here the instrument is not a security for this debt, but only…
Also in this document: Per curiam.
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