Shuford v. . Cook
Supreme Court of North Carolina
Appeal by defendant from Gline, J., at June Term, 1913, of Buree. Civil action to recover tbe pro rata alleged to be due from defendant as cosurety on á note for $2,400, executed to First National Bank of Hickory, dated 5 June, 1909, payable sixty days after date, by one J. E. Wheeler as principal, and plaintiff and defendant as sureties.
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Appeal by defendant from Gline, J., at June Term, 1913, of Buree. Civil action to recover tbe pro rata alleged to be due from defendant as cosurety on á note for $2,400, executed to First National Bank of Hickory, dated 5 June, 1909, payable sixty days after date, by one J. E. Wheeler as principal, and plaintiff and defendant as sureties. There was evidence on paid of plaintiff tending to show the execution of the note; that at maturity of same the bank demanded payment, and plaintiff, having paid the entire amount due, instituted the present action for contribution; that plaintiff has…
1Opinion of the CourtIIoke, J.
It was chiefly urged for defendant that no demand upon him was alleged in the complaint before bringing suit, and therefore no cause of action was stated. The complaint alleges: “That defendant did not pay and has not. paid, directly or indirectly, any part of said obligation, and has failed and refused to reimburse plaintiff in any measure for the sum so paid by plaintiff, and refuses to make contribution as the demands of justice and equity require.” And this might well be interpreted as sufficient allegation of demand to permit evidence that same was made before suit brought; but, however…
2Cases cited6 opinions
- Leak v. . CovingtonSupreme Court of North Carolina · 1888
- Atwater v. . FarthingSupreme Court of North Carolina · 1896
- Buffkins v. . EasonSupreme Court of North Carolina · 1893
- J. H. Hayes Woolen Co. v. McKinnonSupreme Court of North Carolina · 1894
- Felton v. . HalesSupreme Court of North Carolina · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Gillam v. . WalkerSupreme Court of North Carolina · 1925
- Harris v. . AycockSupreme Court of North Carolina · 1935