Allen v. . Wood
Supreme Court of North Carolina
Cause removed from the Court of Equity of Johnston County, at the Fall Term, 1844. The bill sets forth, that the defendant and William B. Allen, the intestate of the plaintiff, became the sureties of one Joshua B. Wood, and one H. C. Ennis, on a note for one thousand dollars, to one Robert W. Snead; that a suit was brought on said note against all the obligors, except Joshua B. Wood, who had removed from the State, and judgment obtained against all the defendants to the…
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Cause removed from the Court of Equity of Johnston County, at the Fall Term, 1844. The bill sets forth, that the defendant and William B. Allen, the intestate of the plaintiff, became the sureties of one Joshua B. Wood, and one H. C. Ennis, on a note for one thousand dollars, to one Robert W. Snead; that a suit was brought on said note against all the obligors, except Joshua B. Wood, who had removed from the State, and judgment obtained against all the defendants to the action for the sum of $953 28, with interest; that on this judgment, execution issued against all the defendants, and was…
1Opinion of the CourtNash, J.
The right of a surety to have contribution from his co-surety is not founded upon any principle of contract, bLlt is the result of natural justice, upon the maxim, qui sentit commodum, sentiré debet onus] 1st Story’s Eq. 471. The plaintiff alleges, that the money, received by the defendant from Joshua B. Wood, was paid to him for the mutual benefit of him, the defendant, and the intestate, William B. Allen. This, by the answer, is denied, nor is there any sufficient testimony to show the fact was, as is alleged in the bill. The evidence only proves, that the defendant, at different rimes,…
2Cited by7 opinions
- Hunsucker v. High Point Bending & Chair Co.Supreme Court of North Carolina · 1953
- Adams v. . HayesSupreme Court of North Carolina · 1897
- Bunker v. . LlewellynSupreme Court of North Carolina · 1942
- Fischer v. GaitherOregon Supreme Court · 1898
- Greenville Supply Co. v. WhitehurstSupreme Court of North Carolina · 1932
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