Hix v. . Davis
Supreme Court of North Carolina
Civil action, instituted by plaintiff, Hix, in tbe county of Jackson, from whence it was moved to Haywood county, where it was tried before Cannon, J., at the Fall Term, 1872, of the Superior Court. The plaintiff, Hix, sued on a note given by the defendant and one Shanklin, as surety, for $640 and interest. In his complaint he admitted a payment of $400 by Shanklin, and $120 by Davis, the defendant, demanding in this suit payment for the balance.
Read the full summary
Civil action, instituted by plaintiff, Hix, in tbe county of Jackson, from whence it was moved to Haywood county, where it was tried before Cannon, J., at the Fall Term, 1872, of the Superior Court. The plaintiff, Hix, sued on a note given by the defendant and one Shanklin, as surety, for $640 and interest. In his complaint he admitted a payment of $400 by Shanklin, and $120 by Davis, the defendant, demanding in this suit payment for the balance. The note was given for land upon which the defendant is now living. The defendant resists the payment, and avers that the plaintiff brought suit…
1Opinion of the CourtPearson, C. J.
On the trial his Honor reserved the question, “ as to the legal effect,” of the judgment taken in South Carolina, and after verdict for the plaintiff set the verdict aside on the question reserved, and directed a non suit.
If A and B execute a joint and several note, a judgment against A is no bar to an action against B on the same note. The creditor may take several judgments and make his money out of either of them, or make a part out of one and a part of the other.
This is so well settled that we cannot suppose his Honor intended to rule that the mere fact of the judgment in South Carolina…
Also in this document: Per curiam.
2Cited by5 opinions
- State v. . KirkmanSupreme Court of North Carolina · 1889
- Jameson v. BarberWisconsin Supreme Court · 1883
- First National Bank v. Eureka Lumber Co.Supreme Court of North Carolina · 1898
- Wetherell and Wife v. . Gorman .Supreme Court of North Carolina · 1875
- McMahan v. McMahanCourt of Appeals of North Carolina · 1984