Scott v. . Fisher
Supreme Court of North Carolina
Civil action, tried at January Term, 1891, of Cabarkus Superior Court, Graves, J., presiding. The plaintiff sued to recover the amount due upon a sealed promissory note, executed by the defendant as surety for J. S. Fisher for $1,000, due at one day after date, “ with interest at eight per cent, per annum.”
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Civil action, tried at January Term, 1891, of Cabarkus Superior Court, Graves, J., presiding. The plaintiff sued to recover the amount due upon a sealed promissory note, executed by the defendant as surety for J. S. Fisher for $1,000, due at one day after date, “ with interest at eight per cent, per annum.” The defence was that the plaintiff had, without the assent of defendant, entered into an agreement, upon a sufficient consideration, to forbear the collection of the debt, whereby he was discharged from all liability. The defendant testified, “that in January, 1889, he had a conversation…
1Opinion of the Court
Shepherd, J.:
“It is well settled that if a creditor enter intoan}' valid contract with the principal debtor, without the assent of the surety, by which the rights or liabilities of the surety are injuriously affected, such contract discharges the surety. A familiar instance of this is, where a creditor binds himself not to sue or collect the debt for a given time, and thereby puts it out of the power of the surety to pay the debt and sue the principal debtor.” Deal v. Cochran, 66 N. C., 269; Forbes v. Sheppard, 98 N. C., 111; Hollingsworth v. Tomlinson, 108 N. C., 245.
His Honor held that…
2Cases cited7 opinions
- Bledsoe v. . Nixon .Supreme Court of North Carolina · 1873
- King v. . PhillipsSupreme Court of North Carolina · 1886
- Forbes v. . SheppardSupreme Court of North Carolina · 1887
- Eli E. Deal v. . D.C. CochranSupreme Court of North Carolina · 1872
- Hollingsworth v. . TomlinsonSupreme Court of North Carolina · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hinton v. . GreenleafSupreme Court of North Carolina · 1893
- Fitts v. A. F. Messick Grocery Co.Supreme Court of North Carolina · 1907
- Revell v. Thrash.Supreme Court of North Carolina · 1903
- Smith v. Parker.Supreme Court of North Carolina · 1902
- McInturff v. . GahaganSupreme Court of North Carolina · 1927
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