Neal v. . Freeman
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1880, of McDowell Superior Court, before Gilmer, J. The plaintiff, being the sheriff of McDowell county in 1874, employed the defendant Freeman to aid him in the collection of taxes for that year, and took from him as principal and the other defendants as his sureties, a bond, dated September 14, 1874, the condition of which was that, if the said Freeman should collect or cause to be collected, and pay over unto the said sheriff, the taxes…
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Civil Action tried at Spring Term, 1880, of McDowell Superior Court, before Gilmer, J. The plaintiff, being the sheriff of McDowell county in 1874, employed the defendant Freeman to aid him in the collection of taxes for that year, and took from him as principal and the other defendants as his sureties, a bond, dated September 14, 1874, the condition of which was that, if the said Freeman should collect or cause to be collected, and pay over unto the said sheriff, the taxes committed to him, in amount $1086.21, “ within the time prescribed by law,” then the same to be void, &c. The plaintiff…
1Opinion of the CourtRuffin, J.
-Several points- were argued at the- bar in this-case, but as- the record presents two only, we shall- confine our consideration to the my the first being the exception to-the refusal of the judge- to submit the issue proposed as to the diligence used by the plaintiffand the second, to the allowance of interest upon the claim of the plaintiff.
As to the first: A creditor is not bound to a surety for active diligence against'the principal, for it is the contract of the surety that the principal shall pay the debt, und it is his business therefore to see that he does;so. Consequently-, a…
2Cases cited2 opinions
- Eli E. Deal v. . D.C. CochranSupreme Court of North Carolina · 1872
- Thornton v. . Thornton and OthersSupreme Court of North Carolina · 1869
3Cited by5 opinions
- Rouse v. Wooten.Supreme Court of North Carolina · 1906
- Bond v. Pickett Cotton Mills, Inc.Supreme Court of North Carolina · 1914
- Hunt v. HuntSupreme Court of North Carolina · 1964
- Porter v. . GrimsleySupreme Court of North Carolina · 1887
- Parker Excavating, Inc. v. JOMCO Contracting, LLCDistrict Court, W.D. North Carolina · 2020