Reynolds v. Magness' Executors
Supreme Court of North Carolina
This was an appeal from the judgment of the Superior Court of Law of Rutherford County, at Spring Term, 1841, his Honor Judge Battle presiding. The following case was reported by the Judge below : This was an action on the case brought-by the plaintiff to recover of the defendants the amount, which he paid as the bail of one Samuel Magness, under a promise of the defendant’s testator, that, it the plaintiff would become such bail, he would save him harmless.
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This was an appeal from the judgment of the Superior Court of Law of Rutherford County, at Spring Term, 1841, his Honor Judge Battle presiding. The following case was reported by the Judge below : This was an action on the case brought-by the plaintiff to recover of the defendants the amount, which he paid as the bail of one Samuel Magness, under a promise of the defendant’s testator, that, it the plaintiff would become such bail, he would save him harmless. Pleas, the general issue and the statute of limitations. The plaintiff, after producing a writ against Samuel Mag. ness, in favor of the…
1Opinion of the CourtGaston, J.
Upon the question, when did the plaintiff’s cause of action arise, our opinion differs from that which was held in the Court below. We are of opinion that his cause of action did not arise, until the payment in fact of the judgment against him. The undertaking of the testator of the defendants was, to save the plaintiff from harm because of his having become the bail of Samuel Magness, and the duty arising from this undertaking was broken, when the plaintiff sustained damage by reason of his liability as bail. A contract may be so expressed, as not only-to indemnify against actual loss, but…
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- Potter v. National Supply Co.Supreme Court of North Carolina · 1949
- Holloman v. Southern Railway Co.Supreme Court of North Carolina · 1916
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