Judges v. . Deans
Supreme Court of North Carolina
From Hertford. This was ail action of debt brought against the deferí • dant, as one of the securities of Mo tv ell Jones, who had been appointed Clerk ami Master in Kqu'rty for Hert-ford county. The bond was made payable to “the honorable John 1j.
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From Hertford. This was ail action of debt brought against the deferí • dant, as one of the securities of Mo tv ell Jones, who had been appointed Clerk ami Master in Kqu'rty for Hert-ford county. The bond was made payable to “the honorable John 1j. Taylor, Chief-Justice, John Hall, Samuel Ho writ', Henry Seawell, Joseph J. Daniel and Thomas Ruffin, Judges of the Superior Courts of Haw ami .Equity for the State of North-Carolina, and their successors in office.’* The condition of the bond was, that Howell Jones should “ well and truly execute the office of Clerk and Master of Hertford,…
1Opinion
The plaintiff must appear upon the pleadings to have sustained an injury. It is not sufficient if it appears that the defendant has done wrong, if that wrong was not done to the plaintiff. Had the bond on which the suit is brought been made to the plaintiff, a breach alone would have given an action to the plaintiff and have entitled him to nominal damages at least; for a bare breach of the contract was an injury to him. He had a right to claim a performance, the defendant having stipulated with him giving him that right; but this bond not having been made payable to him or any of the…
2Cases cited2 opinions
- Kerr v. . BrandonSupreme Court of North Carolina · 1881
- Hannah v. . HyattSupreme Court of North Carolina · 1916