Williams v. . Helme
Supreme Court of North Carolina
From Johnston. The Plaintiff in his bill alleged, that before the 27th of May, 1826. his intestate was bound as surety for the Defendant Helme, to a largo amount, and was also indebted to him on that day, in the sum of $1491,83, for which suit had been brought by Helme, returnable to the County Court, which sat on the said 27tli of May, 1826. That Helme was very anxious to roPcH: the amount due on the debt of $1491,33, and the Plaintiff to prevent him, as he wished to retain…
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From Johnston. The Plaintiff in his bill alleged, that before the 27th of May, 1826. his intestate was bound as surety for the Defendant Helme, to a largo amount, and was also indebted to him on that day, in the sum of $1491,83, for which suit had been brought by Helme, returnable to the County Court, which sat on the said 27tli of May, 1826. That Helme was very anxious to roPcH: the amount due on the debt of $1491,33, and the Plaintiff to prevent him, as he wished to retain that sum, as an indemnity against the.suretyshipof his intestate for Helme - that it was agreed between them that the…
1Opinion
I am of opinion that the prayer of this bill (161) could not be rejected without violating very clear principles of natural justice and subverting that series of decisions by which this Court has been constantly guided for the protection of sureties. It is not controverted that the estate of the plaintiff's intestate, who was surety for Helme, became liable to pay a considerable sum for him a very short time after the confession of judgment, and that this money was subsequently paid out of the estate. It is very evident, that if Helme had determined to enforce the judgment upon the expiration…
2Cases cited6 opinions
- Scott v. . TimberlakeSupreme Court of North Carolina · 1880
- Baker v. . BremSupreme Court of North Carolina · 1889
- City of Wilmington v. . NuttSupreme Court of North Carolina · 1879
- Allen v. . WoodSupreme Court of North Carolina · 1844
- Green v. CrockettSupreme Court of North Carolina · 1839
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