Thornton v. . Thornton and Others
Supreme Court of North Carolina
MotioN to dissolve an Injunction, heard before Buxton, J., at Fall Term 1868 of the Court of Equity for Cumbeeland. The plaintiff alleged that he was surety to the defendant 'Thornton upon a bond due to the defendant Hinsdale as the administrator of one Johnston, and that judgment had been taken thereon in Cumberland County Court, which judgment specified the relative situations of the defendants therein, as ■principal and surety: that on ai\ execution thereunder certain…
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MotioN to dissolve an Injunction, heard before Buxton, J., at Fall Term 1868 of the Court of Equity for Cumbeeland. The plaintiff alleged that he was surety to the defendant 'Thornton upon a bond due to the defendant Hinsdale as the administrator of one Johnston, and that judgment had been taken thereon in Cumberland County Court, which judgment specified the relative situations of the defendants therein, as ■principal and surety: that on ai\ execution thereunder certain property of the principal had been sold; that the said principal had considerable landed estate in the counties of Harnett,…
1Opinion of the CourtRodman, J.
The bill in this case complains that certain-acts were done by the defendant Hinsdale fraudulently, and for the purpose of injuring the plaintiff. This averment is quite immaterial if the acts of the defendant were lawful;, because in such a case, if they damaged the plaintiff, it would be damnum absque injuria. An injury is damage resulting from an unlawful act, — Sedgwick on Dam. 31. The maxim is true “ actus non reus, nisi mens sit rea;” but it does not follow that the purpose to damage makes an act, otherwise lawful,, injurious in the legal sense. A creditor may purpose to oppress ■and…
2Cited by8 opinions
- First National Bank v. HomesleySupreme Court of North Carolina · 1888
- Read v. American Surety Co.Supreme Court of Iowa · 1902
- Neal v. . FreemanSupreme Court of North Carolina · 1881
- Hamilton v. . BentonSupreme Court of North Carolina · 1920
- Hannan v. HardeeCourt of Appeals for the D.C. Circuit · 1934
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