Vanhook Ex Rel. Newbern Bank v. Barnett
Supreme Court of North Carolina
Debt on Bond. Pleas — General issue, conditions performed and not broken. The Plaintiff offered in evidence a writing purporting to be a bond, payable to “ Bobert Vanhook Chairman and other Justices of the county of Person.” This paper was signed by John Garner as principal, and the present defendants, as his sureties. John Garner was, at the time of giving said bond, a Justice of the Peace for Person county.
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Debt on Bond. Pleas — General issue, conditions performed and not broken. The Plaintiff offered in evidence a writing purporting to be a bond, payable to “ Bobert Vanhook Chairman and other Justices of the county of Person.” This paper was signed by John Garner as principal, and the present defendants, as his sureties. John Garner was, at the time of giving said bond, a Justice of the Peace for Person county. The Deputy Clerk proved that he usually transacted the business of the Clerk’s office — that the instrument was filled up by him, and signed by the persons whose names were subscribed to…
1Opinion of the Court
DaNibu, Judge.-
The defendants in this action contend that a new trial should be granted, on all, or some one, of the several grounds taken by them. First, that the court erred in its opinion, when it declared the bond, upon which the action was founded, was valid in law, it being show'll that John Garner, one of the obligors, was, at the time of the execution of the bond, a Justice of the-Peace for the county of Person ; and therefore, from the wording of the instrument, was to be considered an ob-ligee of the said bond, which in law would make the instrument a nullity. The bond is given to…
2Cited by5 opinions
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- Gabie v. . MeilanSupreme Court of North Carolina · 1816
- Threadgill Ex Rel. Hough v. JenningsSupreme Court of North Carolina · 1832
- Ward v. . WardSuperior Court of North Carolina · 1802