Legal Opinion

Simpson v. . King

Supreme Court of North Carolina

Decided June 5, 1840PublishedCited by 5 opinions

The plaintiff, John Simpson, was indebted to Lettuce Foster in the sum of $300; and, as the bill alleged,, he went, on the 3rd of January, 1837, to her house, for the purpose of giving her his bond, but did not, in consequence of the nonattendance of a person who was to be his surety. On the 13th day of January, 1837, the parties met again, and Simpson executed to Mrs. Foster his bond for that sum, with Thomas Garrett as his surety.

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The plaintiff, John Simpson, was indebted to Lettuce Foster in the sum of $300; and, as the bill alleged,, he went, on the 3rd of January, 1837, to her house, for the purpose of giving her his bond, but did not, in consequence of the nonattendance of a person who was to be his surety. On the 13th day of January, 1837, the parties met again, and Simpson executed to Mrs. Foster his bond for that sum, with Thomas Garrett as his surety. On the 25th of February, 1837, Mrs. Foster made her will, and therein beqneated, amongst other things, as follows: “ I have one bond on John, given the 3rd of…

1Opinion of the Court

Ruffin, Chief Justice,

having stated the case as above, proceeded as follows: As we find in the answer, will and inventory, sufficient and full grounds for holding that the bond in dispute was not only intended to be given, but given in the will, it is unnecessary to say any thing on the objection to Garrett’s testimony. We lay that evidence out of the case, therefore, and proceed upon the others.

This is not the case of a description so imperfect and vague as to be senseless and incapable of execution. Although the name of “ Simpson” be omitted as the obligor, yet the bond is sufficiently…

2Cited by5 opinions

  1. Peebles v. Graham.Supreme Court of North Carolina · 1901
  2. W. M. Ritter Lumber Co. v. Montvale Lumber Co.Supreme Court of North Carolina · 1915
  3. Lumber Co. v. . Lumber Co.Supreme Court of North Carolina · 1915
  4. Lumber Co. v. . Lumber Co.Supreme Court of North Carolina · 1915
  5. W. M. Ritter Lumber Co. v. Montvale Lumber Co.Supreme Court of North Carolina · 1915

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