Legal Opinion

Foy v. . Haughton

Supreme Court of North Carolina

Decided October 5, 1881PublishedCited by 9 opinions

Civil Action, tried at Pall Term, 1881, of Craven Superior Court, before Shipp, J. On the 9th of September, 1874, the defendant gave his bond to the plaintiff for $850, payable one day after date, which bond the plaintiff afterwards endorsed to one Ban-gert, who, upon failure of defendant to pay the same, sued the plaintiff as endorser and recovered from him for principal, interest and costs, the sum of $1,018.69, which plaintiff paid, and sues the defendant therefor.

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Civil Action, tried at Pall Term, 1881, of Craven Superior Court, before Shipp, J. On the 9th of September, 1874, the defendant gave his bond to the plaintiff for $850, payable one day after date, which bond the plaintiff afterwards endorsed to one Ban-gert, who, upon failure of defendant to pay the same, sued the plaintiff as endorser and recovered from him for principal, interest and costs, the sum of $1,018.69, which plaintiff paid, and sues the defendant therefor. The defendant denies the right of plaintiff to recover, and says he was induced to give the bond through the fraudulent…

1Opinion of the CourtRuffin, J.

As the defendant was-- without the aid' of counsel in this court, and his exception points to no particular error, we have carefully examined the- whole case-to discover-if possible something of which- he has a right to-complain, without, however, being able to do so.. As stated in his own answer; his right to the relief he asks seems-doubtful. There is- not a- single allegation of any false affirmation on the part of the plaintiff in regard to his title to the land, or the date, or efficacy of his deed from the sheriff, nor the slightest pretence that the- defendant had ever seen the…

2Cases cited1 opinion

  1. Etheridge v. VernoySupreme Court of North Carolina · 1874

3Cited by9 opinions

  1. O'Sullivan v. GriffithCalifornia Supreme Court · 1908
  2. Foy v. . StephensSupreme Court of North Carolina · 1915
  3. Mills v. BoninSupreme Court of North Carolina · 1954
  4. Woodbury v. . EvansSupreme Court of North Carolina · 1898
  5. Queen v. SiskSupreme Court of North Carolina · 1953

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