Legal Opinion

Daniel v. . McRae

Supreme Court of North Carolina

Decided December 5, 1823Published

1Opinion

This bill presents the question, Is McRae the cosurety of Daniel for Lucas or supplemental only? If he is the former Daniel is entitled to relief; if the latter he is not. Cosureties are those who have assumed the same obligation, equal in all their liabilities; supplemental sureties are those who come in aid of the former. We are not precluded by the nature of the indorsement from examining the transaction as it really is, it affording only prima facie evidence of the nature and order of the liabilities of the different persons whose names appear upon the note; to prove this, authorities…

2Cases cited6 opinions

  1. Brown v. MottNew York Supreme Court · 1811
  2. Murrill v. . PalmerSupreme Court of North Carolina · 1913
  3. Smith v. Carr.Supreme Court of North Carolina · 1901
  4. Atwater v. . FarthingSupreme Court of North Carolina · 1896
  5. Hatcher v. . McMorineSupreme Court of North Carolina · 1831

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