Legal Opinion
Campbell's Executors v. Leach
Superior Court of North Carolina
Decided July 5, 1803PublishedCited by 2 opinions
T EACH had purchased lands of Campbell, and in part of the price, had given him a note on Ellison % with an endorsement, purporting that he, Leach, would be liable for the amount, in case EUison should prove insolvent. Campbell sued him and-had judgment, and issued a ca. sa. and he was committed to gaol, and gave security for the prison bounds and forfeited his bond.
1Opinion of the Court
Taylor, Judge.
The endorsed bond was substituted for that portion of the original debt, the amount whereof it represents. Teach cannot.be made liable, but upon the terms o? the endorsement ; that is to say, not unless it be established, that Ellison was insolvent. A loss of the debt for any other cause will not subject him.
2Cited by2 opinions
- Ripley v. . ArmstrongSupreme Court of North Carolina · 1912
- In re the Will of HerringSupreme Court of North Carolina · 1910