Jones v. . Hays
Supreme Court of North Carolina
Cause transmitted from the Court of Equity of Bunco'mbe County, at the Fall Term, 1844. The bill was filed in April, 1837, against William Hawkins, Charles Hays, and Mallory B. Patton, and the case is as follows : In 1827, William Hawkins was appointed the guardian of Benjamin Hawkins, an infant, and gave a bond in the sum of $3,000, with Charles Hays as his surety.
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Cause transmitted from the Court of Equity of Bunco'mbe County, at the Fall Term, 1844. The bill was filed in April, 1837, against William Hawkins, Charles Hays, and Mallory B. Patton, and the case is as follows : In 1827, William Hawkins was appointed the guardian of Benjamin Hawkins, an infant, and gave a bond in the sum of $3,000, with Charles Hays as his surety. In 1831, the guardian renewed his bond in the penalty of $1,000 with the plaintiff, William D. Jones, as his surety. In 1834, Hawkins was removed from the guardianship, and the defendant, Patton, wasappointod in his stead. Hawkins…
1Opinion of the Court
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The bill must, of course, be dismissed with costs as to the defendant, Patton, who has no interest, real or nominal, in the judgment, and against whom nothing has-been proved.
The other two defendants, Hawkins and Hays, allege as one point of defence, that the plaintiff, after discharging the judgment against Hawkins and himself, came to an account with Hawkins and took from him a note in satisfaction of the balance due to him; and therefore they insist that the present suit cannot be sustained ; not against Hawkins, because from him the plaintiff has taken a new and substantive…
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