Williams v. . Glenn
Supreme Court of North Carolina
This was a civil ACTION, tried before MacRae, Judge, and a jury, at Fall Term, 1884, of Yadkin Superior Court. The plaintiff sought to recover of defendant, as contribution, one-third of a sum alleged to have been paid by plaintiff as joint principal with defendant's testator, in satisfaction of a note given to J. C. Conrad, guardian, and expressed upon its face to have been given by plaintiff as principal, and defendant's testator and Nathaniel Boyden, as sureties.
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This was a civil ACTION, tried before MacRae, Judge, and a jury, at Fall Term, 1884, of Yadkin Superior Court. The plaintiff sought to recover of defendant, as contribution, one-third of a sum alleged to have been paid by plaintiff as joint principal with defendant's testator, in satisfaction of a note given to J. C. Conrad, guardian, and expressed upon its face to have been given by plaintiff as principal, and defendant's testator and Nathaniel Boyden, as sureties. The deposition of N. L. Williams was read in evidence by plaintiff. Defendant objects to the following questions: State what you…
1Opinion of the CourtAshe, J.
(after stating the facts). The plaintiffs Joseph Williams and Nathaniel Boyden, and defendant’s testator executed a sealed note to J. C. Conrad, guardian of certain minor heirs, which is in the following form: “We, Joseph Williams, Jr., as principal, and N. Boyden and Tyre Glenn as sureties, promise to pay,” &c. Boyden paid one-third of the amount of the note, and plaintiff the residue, and brought this action against the defendant as executor of Tyre Glenn for contribution. The defendant contended that, upon the face of the note, his testator was only surety for Joseph Williams, and was not…
2Cases cited8 opinions
- Welfare v. . ThompsonSupreme Court of North Carolina · 1880
- Keith v. GoodwinSupreme Court of Vermont · 1858
- Kelly v. GillespieSupreme Court of Iowa · 1861
- Lacy v. LoftonIndiana Supreme Court · 1866
- Lapham v. BarnesSupreme Court of Vermont · 1828
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3Cited by8 opinions
- Rouse v. Wooten.Supreme Court of North Carolina · 1906
- Forbes v. . SheppardSupreme Court of North Carolina · 1887
- Davis v. . AlexanderSupreme Court of North Carolina · 1934
- Williams v. . LewisSupreme Court of North Carolina · 1912
- Smith v. Carr.Supreme Court of North Carolina · 1901
3 more not listed; retrieve them via the Exa API.