Commirsioners of Newbern Ex Rel. Pritchett v. Dawson
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Craven County, at the Fall Term 184D, his Honor Judge Manly presiding. This was a sci. fa. to Phillip Pipkin,' administrator of John B. Dawson deceased, to revive a judgment recovered by the commissioners of the town of Newbern, at the February Term A. D. 1843, of Craven County Court against his intestate, John B. Dawson.
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Appeal from the Superior Court of Law of Craven County, at the Fall Term 184D, his Honor Judge Manly presiding. This was a sci. fa. to Phillip Pipkin,' administrator of John B. Dawson deceased, to revive a judgment recovered by the commissioners of the town of Newbern, at the February Term A. D. 1843, of Craven County Court against his intestate, John B. Dawson. Joseph L. Bryan, John Bryan and John M. Bryan, sureties to his bond, for the default of the said Dawson, as sheriff of Craven County, in not paying over the town taxes due on the property listed in 1841, brought up to the Superior…
1Opinion of the CourtPearson, J.
The counsel of the defendants insisted, that the money, advanced by Bryan, would in law operate as a payment, unless there was a valid assignment of the judgment.
This position is untenable. It is well settled, that judgments, as well as notes, may be kept up for the benefit of a surety, who advanced the amount of the debt to the creditor. This could not be, if a valid assignment was necessary; for judgments are not negotiable, and an assignment does not pass the legal interest. If the money be advanced by the surety, it is presumed to be a payment, and it is necessary to rebut this…
Also in this document: Per curiam.
2Cited by2 opinions
- Pendergraft v. PhillipsSupreme Court of Oklahoma · 1916
- Kelly v. . MuseSupreme Court of North Carolina · 1850