Cooper v. Landis
Supreme Court of North Carolina
This was a Civil ActioN to recover the amount due on a bond, tried before his Honor Judge Moore, at June Term, 1875, of Granville Superior Court. The bond upon which the suit is brought is as follows : “ $500.00. With interest from the date, we, Augustin Landis, principal, and William A. Philpot and A. Landis, Jr., sureties, promise to pay to R. H. Kingsbury, trustee for Mrs. S. J. Kingsbury, five hundred dollars for value received.
Read the full summary
This was a Civil ActioN to recover the amount due on a bond, tried before his Honor Judge Moore, at June Term, 1875, of Granville Superior Court. The bond upon which the suit is brought is as follows : “ $500.00. With interest from the date, we, Augustin Landis, principal, and William A. Philpot and A. Landis, Jr., sureties, promise to pay to R. H. Kingsbury, trustee for Mrs. S. J. Kingsbury, five hundred dollars for value received. Witness, our hands and seals, this 6th day of September, 1860.” Signed, &c. Upon this bond several credits were endorsed as being received by the payee before he…
1Opinion of the CourtPearson, C. J.
1. His Honor erred in ruling that .tíre $800 should be deducted from the amount of the note sued on.. Russell Kingsbury held a fund for the separate use of Mrs. Sallie Kingsbury during her life, and then'for the use of her children with limitations over.
*530The note sued on is a part of this fund. It is payable on its face to Russell Kingsbury,, trustee for Mrs. Sallie Kings-bury. ¡So the defendant, Augustin Landis, is fixed with express notice at the time he executed the deed to Kings-bury for the price of $300, which Kingsbury was to pay, by allowing it in part payment of the note, and agreeing…
2Cited by7 opinions
- National Surety Co. v. State ex rel. HeimannIndiana Supreme Court · 1913
- State v. . BeversSupreme Court of North Carolina · 1882
- Edgecombe Bank & Trust Co. v. BarrettSupreme Court of North Carolina · 1953
- Shields v. HarrisSupreme Court of North Carolina · 1925
- Shields v. . HarrisSupreme Court of North Carolina · 1925
2 more not listed; retrieve them via the Exa API.