Sandlin v. . Ward
Supreme Court of North Carolina
Civil action, tried before Oudger, Judge, at Spring Term, ] 885, of Onslow Superior Court. The plaintiff' in his complaint alleged. I. That Geo.
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Civil action, tried before Oudger, Judge, at Spring Term, ] 885, of Onslow Superior Court. The plaintiff' in his complaint alleged. I. That Geo. J. Ward and Robert White, both of the county of Onslow, and both now dead, were on the 18th day of May, 1877, and for a longtime before, since the 3rd November, 1856, indebted to Williams Humphrey, now long since dead, by a note, a copy of which is as follows : “$3,471.50. One day after date, we or either of us, promise to pay to Williams Humphrey, or bearer, three thousand four hundred and seventy one dollars and fifty cents, for value received.…
1Opinion of the CourtAshe, J.
(after stating the case). The action of the plaintiff is founded literally upon the principle of quia timet, without any of the elements of the equitable remedy recognized by the Court in such cases. With counsel present advising him and drawing the papers, he executed an instrument, by rvhich he covenanted not to sue the executor of G. W. Ward, deceased, but he subsequently has his fears aroused, by consultation with his counsel, that he may possibly have, by mistake of law, executed an instrument by which the estates of both the obligors to the Humphrey bond, may be discharged from…
2Cases cited3 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Bank of the United States v. DANIELSupreme Court of the United States · 1838
- Winston v. . DalbySupreme Court of North Carolina · 1870
3Cited by5 opinions
- Kornegay v. . EverettSupreme Court of North Carolina · 1888
- White v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
- Berry v. . HallSupreme Court of North Carolina · 1890
- Braswell v. . MorrowSupreme Court of North Carolina · 1928
- Pelletier v. Interstate Cooperage Co.Supreme Court of North Carolina · 1912