Howerton v. . Sprague
Supreme Court of North Carolina
Injunction, heard upon motion to dissolve, before Cloiid, ■J., at Spring Term 1870 of Eowan Court. The plaintiff was indebted to the defendant, as surety for one Long. The latter had taken out proceedings against his debtors before a magistrate, and had obtained'judgment and issued an execution, which was levied upon personal property of Long sufficient to satisfy it. Whilst this levy existed, a conversation and transaction took place between Sprague and Long.
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Injunction, heard upon motion to dissolve, before Cloiid, ■J., at Spring Term 1870 of Eowan Court. The plaintiff was indebted to the defendant, as surety for one Long. The latter had taken out proceedings against his debtors before a magistrate, and had obtained'judgment and issued an execution, which was levied upon personal property of Long sufficient to satisfy it. Whilst this levy existed, a conversation and transaction took place between Sprague and Long. This was said by the plaintiff to have been without his knowledge and against his consent, and to have amounted to the giving of…
1Opinion of the Court
Peabson, 0. J.
If personal property sufficient to satisfy an execution be levied on, the debt is thereby satisfied, unless the property is destroyed without default, or unless the property is delivered back to the defendant in the execution. Consequently the debt here was not satisfied by the levy.
The plaintiff insists that the creditor without his consent entered into a binding contract with the principal debtor to give further time, the effect of which was to discharge him, the plaintiff, from further liability as surety.
It is a well settled principle of equity as between creditor and…
2Cited by7 opinions
- Blackwell Durham Tobacco Co. v. McElweeSupreme Court of North Carolina · 1886
- Eli E. Deal v. . D.C. CochranSupreme Court of North Carolina · 1872
- Murray v. MeadeWashington Supreme Court · 1893
- Stallings v. . LaneSupreme Court of North Carolina · 1883
- Hyde v. RogersWisconsin Supreme Court · 1884
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