Legal Opinion

Southerland v. . Fremont

Supreme Court of North Carolina

Decided September 5, 1890PublishedCited by 24 opinions

This was a civil ACTION, tried at February Term, 1890, of RICHMOND Superior Court, before Bynum, J. The' complaint alleged that in August, 1875, the W. & S. Railroad Company gave their note to one J. W. Leak for the sum of $5,750, due twelve months after date, with defendant S. L. Fremont and plaintiffs Wooten & Southerland as sureties, and that on the same day the said company became indebted to R. S. Ledbetter for $2,875, with the same parties as sureties.

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This was a civil ACTION, tried at February Term, 1890, of RICHMOND Superior Court, before Bynum, J. The' complaint alleged that in August, 1875, the W. & S. Railroad Company gave their note to one J. W. Leak for the sum of $5,750, due twelve months after date, with defendant S. L. Fremont and plaintiffs Wooten & Southerland as sureties, and that on the same day the said company became indebted to R. S. Ledbetter for $2,875, with the same parties as sureties. That Fremont executed to Wooten a mortgage to save him and Southerland harmless on account of their suretyship upon said notes, to the…

1Opinion of the Court

Shepherd, J.:

His Honor charged the jury, that if they believed the testimony, S. L. Fremont was not liable to the plaintiff by “reason of the contract of indemnity” which is the subject of this action.

Putting aside, for the present, the defences of the statute of limitations and that Mrs. Fremont was a bona fide purchaser for value, we will first examine into the correctness of this instruction with reference to the contention of the defendants that the obligation of S. L. Fremont was that of a guarantor, and that he was discharged from any liability 'thereon because of the laches of the…

2Cases cited11 opinions

  1. Ely v. . EarlySupreme Court of North Carolina · 1886
  2. Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
  3. Capehart v. . DettrickSupreme Court of North Carolina · 1884
  4. Bank of New Hanover v. BridgersSupreme Court of North Carolina · 1887
  5. Cook v. SouthwickTexas Supreme Court · 1853

6 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Weil v. . HerringSupreme Court of North Carolina · 1934
  2. Arrington v. . ArringtonSupreme Court of North Carolina · 1894
  3. Sykes v. EverettSupreme Court of North Carolina · 1914
  4. Wallace, Elliott & Co. v. CohenSupreme Court of North Carolina · 1892
  5. M. & J. Finance Corp. v. HodgesSupreme Court of North Carolina · 1949

19 more not listed; retrieve them via the Exa API.

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