Sherwood Ex Rel. State Bank v. Collier
Supreme Court of North Carolina
Debt upon a bond, given by one W. B. Green, upon taking out letters of administration upon the estate of Benjamin W. Caswell, to which the defendant was surety. The breach assigned, was the non-payment by Green, of a judgment recovered against him by the relators, upon a note of his intestate. Plea — Performance.
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Debt upon a bond, given by one W. B. Green, upon taking out letters of administration upon the estate of Benjamin W. Caswell, to which the defendant was surety. The breach assigned, was the non-payment by Green, of a judgment recovered against him by the relators, upon a note of his intestate. Plea — Performance. On the trial, during the last Spring Circuit, before Martin, Judge, at Wayne, the case was as follows: The intestate died in 1815, indebted to the State Bank by a note for $630, to which one Hvoks was surety; in the year 1816, judgment was recovered by the bank, upon this note…
1Opinion of the Court
Ruffin, Judge,
after stating the case, proceeded as follows:
I suppose the present action is brought for the benefit of the surety Hooks, to avoid the effect of the statiite of limitations, or a disbursement of the assets subsequent to the judgment of the bank against Green, which might prevent an effectual recovery in a suit in Hooks’ own name.
But in the case stated, I think the present action yqually ineffectual. Since the statute of 4th Jinn, payment discharges a judgment, as effectually as entering satisfaction of record. Here there was full payment. It was inten ded as such by Hooks, and…
2Cited by14 opinions
- Davison v. Gregory.Supreme Court of North Carolina · 1903
- Hoft v. . MohnSupreme Court of North Carolina · 1939
- Ingram v. Nationwide Mutual Insurance CompanySupreme Court of North Carolina · 1963
- Bunker v. . LlewellynSupreme Court of North Carolina · 1942
- Merchants National Bank v. Great Falls Opera House Co.Montana Supreme Court · 1899
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