New Home Sewing MacHine Co. v. Seago
Supreme Court of North Carolina
Aotiost by tibe New Home Sewing Machine Company against Henry E. Seago, D. "R. Seago and W. A. Marks, heard by Judge Thomas J. Slum and a jury, at the December Term, 1900, of StaNuy County Superior Court. From a judgment for the plaintiff, tbe defendants appealed.
1DissentClark, J.
This is an action of debt upon a penal bond of $500, given by the defendants to the plaintiff to indemnify it against loss on account of the agency of the defendant Seago. Upon the trial it was found that the plaintiff was entitled to recover $442.27 for defalcations upon which he was (159) allowed $104.44 interest, making together the sum of $546.71. For this amount the plaintiff was allowed judgment and defendants excepted.
While cases may be found in many jurisdictions to sustain the judgment of the Court, we do not think it can be sustained upon principle, nor under the statutes and…
2Cases cited8 opinions
- Asa Bell's Administrator v. JasperSupreme Court of North Carolina · 1843
- Jones v. . HaysSupreme Court of North Carolina · 1845
- State Ex Rel. Anthony v. EstesSupreme Court of North Carolina · 1888
- Stafford v. Jones Bros.Supreme Court of North Carolina · 1884
- State Ex Rel. Bryan v. RousseauSupreme Court of North Carolina · 1874
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3Cited by11 opinions
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- State Ex Rel. Lee v. MartinSupreme Court of North Carolina · 1924
- Ford v. Lou Kum ShuCalifornia Court of Appeal · 1914
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