Gwyn, Ex'r. C. v. . Patterson
Supreme Court of North Carolina
Civil Action, to recover money due on a bond, tried at Spring Term, 1873, of Stteey Superior Court, before Cloudy J., and a jury. Plaintiff declared on- a- bond, of the tenor following: “ $250.00 : One day after date, we- promise and- oblige our1-selves, our heirs, &c., to pay to Phillip Johnson, the just and full sum of two hundred and fifty dollars, borrowed money; value received, as witness our hands and seals, this 22d day of April, 185 — . W. L. MINTER, [seal.] J .R.
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Civil Action, to recover money due on a bond, tried at Spring Term, 1873, of Stteey Superior Court, before Cloudy J., and a jury. Plaintiff declared on- a- bond, of the tenor following: “ $250.00 : One day after date, we- promise and- oblige our1-selves, our heirs, &c., to pay to Phillip Johnson, the just and full sum of two hundred and fifty dollars, borrowed money; value received, as witness our hands and seals, this 22d day of April, 185 — . W. L. MINTER, [seal.] J .R. PATTERSON, [seal.] [seal.]” Johnson, the obligee in the bond is dead, leaving a will, of which the plaintiff is executor.…
1Opinion of the CourtSettle, J.
The bond which is the subject of this action, came to the hands of the plaintiff’s testator, perfect in form, with nothing about it to excite inquiry and put the obligee on guard. He received it and advanced his money thereon, and it is only when suit is brought for the collection thereof, several years thereafter, that we hear anything of a private understanding between Minter, the principal obligor, and Patterson, his surety, the present defendant, that another surety should also sign the bond before delivery. Concede that such was the understanding between Minter and Patterson, what is it…
2Cited by10 opinions
- Branch Banking & Trust Co. v. CreasySupreme Court of North Carolina · 1980
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- Wilmingiton & Weldon Railroad v. KitchinSupreme Court of North Carolina · 1884
- Vass v. . RiddickSupreme Court of North Carolina · 1883
- Farmers Bank v. Hunt, Paylor & Co.Supreme Court of North Carolina · 1899
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