Evans v. . Raper
Supreme Court of North Carolina
Motion; by defendant to have satisfaction of judgment entered of record, heard before his Honor Judge Seymour, at Fall Term, 1875, of Wilson Superior Court, upon the following CASE AGREED. 1. That Joseph Ferrell, guardian of plaintiff had a note against Joseph Watson, as principal, Robert Raper, the defendant, and Pitts Kirby, (now insolvent), as sureties for five hundred and twenty-one dollars and fifty-eight cents, ($521.58); for which sum and interest, judgment was…
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Motion; by defendant to have satisfaction of judgment entered of record, heard before his Honor Judge Seymour, at Fall Term, 1875, of Wilson Superior Court, upon the following CASE AGREED. 1. That Joseph Ferrell, guardian of plaintiff had a note against Joseph Watson, as principal, Robert Raper, the defendant, and Pitts Kirby, (now insolvent), as sureties for five hundred and twenty-one dollars and fifty-eight cents, ($521.58); for which sum and interest, judgment was recorded in 1867 in favor of said guardian; and in 1869, the said judgment was regularly docketed according to law, in Wilson…
1Opinion of the CourtByoth, J.
Learned and excellent briefs were filed in the case by the counsel of both sides, but they take, perhaps, a wider range than is required by the particular question submitted in the case agreed. That question is, whether the covenant set forth operates as a release of the defendant, who is the surety in the note and judgment. The covenant stipulates, first, that the plaintiff “will not issue execution upon the jridgment,” and second, “will not in any way attempt to collect the same or any part of it, against the said Martha Watson, as administratrix or otherwise.” The word “release” is not…
2Cases cited1 opinion
- Winston v. . DalbySupreme Court of North Carolina · 1870
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