Legal Opinion

Brown v. . Clary

Superior Court of North Carolina

Decided September 5, 1794Published

1Opinion of the Court

The inconvenience before this act was, that if a man had contracted a debt and procured another to become jointly bound with him as his surety, and then died, the debt survived against the surety only. So where there were several joint contractors, each of whom were equally benefited by the contract, if one died, the whole debt fell upon the other; and the act expresses that for the relief of the survivor it was made. This is proposes to do by making them all equally contributable in the first instance. This produces equality and justice immediately, and prevents circuity and multiplicity of…

2Cases cited1 opinion

  1. Lewis Ex Rel. Smith v. FaganSupreme Court of North Carolina · 1830

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