Jenkins Co. v. . Smith and Smith
Supreme Court of North Carolina
Civil Action tried before Henry •/., at December (special) Term, 1874, Halifax Superior Court. This case was referred to David A. Barnes who filed the following report, to-wit: On the 18th of June, 1872, the defendants covenanted under their hands and seals, in manner and form as follows ; “ Know all men by these presents, that we Charles S. Smith and Wm.
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Civil Action tried before Henry •/., at December (special) Term, 1874, Halifax Superior Court. This case was referred to David A. Barnes who filed the following report, to-wit: On the 18th of June, 1872, the defendants covenanted under their hands and seals, in manner and form as follows ; “ Know all men by these presents, that we Charles S. Smith and Wm. H. Smith of Halifax county, State of North Carolina, are held and firmly bound unto Joseph W. Jenkins and Robert H. Pender, partners under the name and firm of Joseph W. Smith & Co., residing and doing business in the city of' Baltimore,…
1Opinion of the Court
Peaeson, O. J.
It appears on the face of the bond that W. H. Smith was a surety, and we declare that to be a fact. From the view we take of the ease, that fact does not very materially affect the merits of the case.
The principal, 0. S. Smith, when he forwarded cotton to the plaintiffs, did not make any specific application. The plaintiffs, ou the receipt of the cotton made no specific application ; on the contrary they entered the receipts of cotton from time to time, as items in a running account against 0. S. Smith, in which he was debited, by the amounts advanced, and credited with the…
2Cases cited2 opinions
- Boyden v. President of the BankSupreme Court of North Carolina · 1871
- Jos. W. Jenkins & Co. v. BealSupreme Court of North Carolina · 1874
3Cited by6 opinions
- Lester v. . HoustonSupreme Court of North Carolina · 1888
- Hawkins Co. v. . LongSupreme Court of North Carolina · 1876
- Vick v. . SmithSupreme Court of North Carolina · 1880
- Wallace v. GrizzardSupreme Court of North Carolina · 1894
- Wallace v. . GrizzardSupreme Court of North Carolina · 1894
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