Rudasill v. . Falls
Supreme Court of North Carolina
This was a civil action tried before MacRae, Judge, and a jury at Spring Term, 1884, of -CLEVELAND Superior Court. The facts appear in the opinion. There was a verdict and judgment for the plaintiff, and the defendant appealed.
1Opinion of the CourtSmith, C. J.
The plaintiff, the defendant, and one Green . became co-sureties on a note by the firm of Jenkins, Homeslev & Oates, as principals, to A. V. Falls, in the sum of sixteen hundred dollars, the amount due on which, the said Green becoming insolvent, has been collected in equal parts out of the other sureties. The present action is to recover the moiety paid by the plaintiff from the defendant, upon an allegation that the latter has received from their principals property in. value sufficient- to discharge the entire debt.
The plaintiff testified that upon the failure of the co-partner, Jenkins,…
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