Walker v. . Dicks
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1878, of Forsyth Superior Court, before Graves, J. Case agreed: In 1865, the defendant became surety on a guardian bond of R. L. Walker, deceased husband of plaintiff, and in 1872 a judgment was obtained on the bond. Subsequently Walker died insolvent, the judgment remaining unpaid.
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Civil Action tried at Fall Term, 1878, of Forsyth Superior Court, before Graves, J. Case agreed: In 1865, the defendant became surety on a guardian bond of R. L. Walker, deceased husband of plaintiff, and in 1872 a judgment was obtained on the bond. Subsequently Walker died insolvent, the judgment remaining unpaid. Before Walker’s death, the defendant being indebted to him for the purchase of land, executed a note dated April 18, 1872, payable one day after date, which note was assigned to plaintiff, widow, as part of her year’s allowance, and this action was brought for its recovery. In…
1Opinion of the CourtAshe, J.
The only question presented by the facts in this case as agreed upon, is, — has the defendant the right to use his liabilities as surety for R. L. Walker, as an equitable set-off against the note sued on by the plaintiff, the widow of the said R. L. Walker?
At law, the defendant clearly would have no such right,, but we think it is .equally clear that such a defence will be sustained in equity. Our equity courts have been liberal in extending its aid to creditors, and although a surety is not a creditor before he pays his liabilities as such, yet the rights of a creditor have been accorded to…
2Cited by6 opinions
- Cockrill v. Peoples Savings BankTennessee Supreme Court · 1927
- Craighead v. SwartzSupreme Court of Pennsylvania · 1907
- Scott v. . TimberlakeSupreme Court of North Carolina · 1880
- Baker v. . BremSupreme Court of North Carolina · 1889
- Richardson v. MerrittSupreme Court of Minnesota · 1898
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