Moore v. . Moore
Supreme Court of North Carolina
From Hertford. The bill set forth, that about 14th day of August 1815, the Complainant and Defendant, at the request of James Jones, now deceased, became his sureties in a bond which was then executed to one John Coffield for ~950 ; that said Jones, at the same time, executed a bill of sale by which he conveyed unto the Defendant five negro slaves, conditioned to he void, if the said Jones should well and truly pay said debt to Coffield, else to bo in full force.
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From Hertford. The bill set forth, that about 14th day of August 1815, the Complainant and Defendant, at the request of James Jones, now deceased, became his sureties in a bond which was then executed to one John Coffield for ~950 ; that said Jones, at the same time, executed a bill of sale by which he conveyed unto the Defendant five negro slaves, conditioned to he void, if the said Jones should well and truly pay said debt to Coffield, else to bo in full force. That Cofield, a short time before the filing of the bill, had sued the Complainant and Defendant on said bond 1 and obtained…
1Opinion of the Court
Henderson, Judge. —
Contribution among co-securities, arises not from any contract between them, but from a principle of natural equity — that equality is equity among persons standing in the same situation. And this being now the established and well understood doctrine of a Court of Equity, it is sufficient to infer an understanding among them of mutual contribution; formen are presumed to act in reference to the laws governing the transaction. Hence it is, that a Court of Law never sustains jurisdiction in cases where one surety seeks contribution from the other; but this principle of…
2Cited by9 opinions
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- Nebel v. . NebelSupreme Court of North Carolina · 1943
- Edwards v. Jefferson Standard Life InsuranceSupreme Court of North Carolina · 1917
- Nebel v. NebelSupreme Court of North Carolina · 1943
- Bunker v. . LlewellynSupreme Court of North Carolina · 1942
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