Scott v. . Timberlake
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1880, of Franklin Superior Court, before Seymour, J. The court adjudged upon the facts agreed on that the plaintiff recover, and the defendant appealed.
1Opinion of the CourtSmith, C. J.
The plaintiff holding the note described in his complaint, then over-due, on February 19th, 1876, was duly declared a bankrupt, and a few,months thereafter obtained his discharge. At the date of the proceeding, and before, the plaintiff was indebted to Caroline Bullock by note to which the intestate was a surety, still remaining unpaid in the sum of one thousand dollars, and has become and is wholly insolvent.
The defence to the action is founded upon the continuing liability of the estate as surety for the plaintiff, and the right of the defendant to retain the indebtedness of his intestate…
2Cases cited4 opinions
- Carr v. . Fearington and OthersSupreme Court of North Carolina · 1869
- Walker v. . DicksSupreme Court of North Carolina · 1879
- Steadman v. . TaylorSupreme Court of North Carolina · 1877
- Mast v. . RaperSupreme Court of North Carolina · 1879
3Cited by14 opinions
- Craighead v. SwartzSupreme Court of Pennsylvania · 1907
- Dickenson v. CharlesSupreme Court of Virginia · 1939
- Baker v. . BremSupreme Court of North Carolina · 1889
- Richardson v. MerrittSupreme Court of Minnesota · 1898
- Nolan Bros. Lumber v. Dudley Lumber Co.Tennessee Supreme Court · 1913
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