Monroe v. . McIntrye
Supreme Court of North Carolina
Appeal from an interlocutory order of the Court of Equity, of Sampson County, at the Spring Term 1849, his Honor Judge Caldwell presiding.
Read the full summary
Appeal from an interlocutory order of the Court of Equity, of Sampson County, at the Spring Term 1849, his Honor Judge Caldwell presiding. This was an injunction bill filed in May 1848. The' plaintiffs, Malcolm Munroe and David B. Melvin, executor of Robert Melvin, allege in their bill, that one Wiley M. Fort was a constable in the County of Bladen in the year 1839 ; that the said Malcolm and Robert were sureties to his official bond : that the defendant William McIntyre placed sundry papers in the hands of the said Wiley M. Fort, as constable, for collection, among which was a note under…
1Opinion
The plaintiffs had in their hands the notes of Reeves and Fort and could have returned them to the defendant, and thus exonerated themselves from liability as the sureties of the constable for anything more than the actual damages arising to the defendant from the negligence of the constable. As there is no suggestion of the insolvency of the debtors at the time, those damages would have been but nominal. S. v. Skinner, 25 N.C. 564. That would have been of no (72) substantial benefit to the creditor, while it would have subjected the sureties to the costs of an action. It was, therefore,…
2Cases cited4 opinions
- Heilig and Others v. . Stokes and PenningtonSupreme Court of North Carolina · 1869
- Knott v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1887
- Bruff, Faulkner & Co. v. Stern & Bro.Supreme Court of North Carolina · 1879
- State Ex Rel. J. S. Wood & Co. v. SkinnerSupreme Court of North Carolina · 1843