Craven v. . Freeman
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1879, of Randolph Superior Court, before McKoy, J. The action was brought to recover a sum, byway of contribution, of the defendant’s intestate, William Kirkman. A demurrer to complaint was overruled by the court, and the defendant appealed.
1Opinion of the CourtSmith, C. J.
The complaint avers that one Thomas S. Kirkman, as principal, the defendant’s intestate and the plaintiff as sureties, on December 22,1866, executed their bond to Moses Routh and therein promised to pay him, one day after date, eight hundred dollars with interest from the 3rd of March preceding, which bond was transferred to Hugh Parks; that the principal died in 1867, intestate and insolvent, and his administratrix made several small payments, the amount and date of which are specially set out; that the plaintiff in December, 1872, filed his petition in bankruptcy, and afterwards obtained…
2Cases cited2 opinions
- Russell v. . AddertonSupreme Court of North Carolina · 1870
- Evans v. . RaperSupreme Court of North Carolina · 1876
3Cited by5 opinions
- Bright v. . LennonSupreme Court of North Carolina · 1880
- Smith v. Richards.Supreme Court of North Carolina · 1901
- State Ex Rel. Dudley v. BlandSupreme Court of North Carolina · 1880
- Connor v. CraigMassachusetts Supreme Judicial Court · 1917
- In re KolberDistrict Court, E.D. Pennsylvania · 1942