Hall v. . Robinson
Supreme Court of North Carolina
Appeal from the Superior Court o-f Law of Carteret County, at the Fall Term, 1847, his Honor Judge Bailey presiding. This is an action of assumpsit and' was tried on the general issue. The case appeared to be as follows.
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Appeal from the Superior Court o-f Law of Carteret County, at the Fall Term, 1847, his Honor Judge Bailey presiding. This is an action of assumpsit and' was tried on the general issue. The case appeared to be as follows. The plaintiff and defendant were co-sureties for Jesse W. Lee in a promissory note to Peter Pelletier for $497 25. The plaintiff was indebted to Lee on a note $492 30, payabfe March 20th, 1S40. After those notes had fallen due, it was ascertained that Lee was unable to pay all his debts, and was insolvent; and it was agreed between him and Hall, that the former should…
1Opinion of the CourtRuffin, C. J.
The Court is of opinion, that the jury was not properly instructed. It seems clear that the plaintiff was entitled to recover the whole of the sum received from Lee by the defendant. It is a fund provided by the principal for the payment of his debt^ which the defendant undertook to pay on it, and did not, but left the plaintiff to pay the whole debt. It is true the plaintiff had before received from the principal a sum nearly, if not quite, sufficient to discharge the debt, and that he received it for that purpose ; and it was insisted for the defendant, that, as between the plaintiff and…
2Cited by4 opinions
- Commissioners of McDowell County v. NicholsSupreme Court of North Carolina · 1902
- Craig & Wilson v. Stewart & JonesSupreme Court of North Carolina · 1913
- Hasty Mercantile Co. v. BryantSupreme Court of North Carolina · 1923
- Nelson v. WilliamsSupreme Court of North Carolina · 1838