Powell v. . Matthis
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Duplin county, at Fall Term, 1S43, his Honor Judge PearsoN presiding. This suit -commenced by a warrant before a justice of the peace of Duplin county,, and was carried by successive appeals to the Superior Court of the county.
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Appeal from the Superior Court of Law of Duplin county, at Fall Term, 1S43, his Honor Judge PearsoN presiding. This suit -commenced by a warrant before a justice of the peace of Duplin county,, and was carried by successive appeals to the Superior Court of the county. On the trial, it was in evidence that in the year 1838, one Carrol executed a note -to one Barden for f52 83, and that the plaintiff and the two defendants executed the said note as the sureties of the said Carrol — that in April,. 1840, the plaintiff paid a judgment, which had been taken against the said Carrol and bimself and…
1Opinion of the CourtRuffin, C. J.
In Equity, it has always been held, that there should be relief between co-sureties, upon the principle of equality applicable to a common risk ; and upon the insolvency of one, the loss has been divided between the others, as being necessary to an equality. The Court of Equity, from its modes of proceeding and having- all the parties before it at once, is able to adjust their rights upon this principle in every case, however complicated by the number of the sureties, or by successive insolvencies. In a single suit every thing may be fully investigated — the property of the principal first…
2Cited by7 opinions
- Fowle v. . McLeanSupreme Court of North Carolina · 1915
- Adams v. . HayesSupreme Court of North Carolina · 1897
- Bunker v. . LlewellynSupreme Court of North Carolina · 1942
- Fischer v. GaitherOregon Supreme Court · 1898
- Adams v. . HayesSupreme Court of North Carolina · 1897
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