Jarratt v. . Martin
Supreme Court of North Carolina
Civil aotioN, to recover the amount of a bond, tried before Cloud, J., at Spring Term, 1873, of the Superior Court of Yadkin county.
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Civil aotioN, to recover the amount of a bond, tried before Cloud, J., at Spring Term, 1873, of the Superior Court of Yadkin county. The action was originally commenced against T. S. Martin and the present defendant, who was his surety upon the following bond, the basis of the present suit: £> On the first day of November next, we promise to pay R. C. Puryear four thousand dollars, it being the purchase money for a tract of land, and has nothing to do with any other dealing between ns, for value received. Witness our hands and seals, Sept. 28th, 1852.” And signed T. S. MAKTÍN, H. P. MARTIN.…
1Opinion of the CourtReade, J.
There is no doubt of the general principle, that the defendant, II. P. Martin who is surety in the bond sued on, is entitled to all the legal and equitable defenses to which his principal, T. S. Martin, was entitled, which attached to or was connected with the debt sued on ; for instance, to all payments endorsed and to all set offs and counter claims. Whether he would be entitled to the benefit of any independent claim of his principal against the creditor, as for instance, a bond, so that his principal could not assign it to another, is not necessary to be decided in this case.
If,…
2Cited by4 opinions
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- Gibson v. PattersonSupreme Court of Georgia · 1885
- Anderson v. ShafferCalifornia Court of Appeal · 1929
- Wilson Shober v. . the Bank of Lexington .Supreme Court of North Carolina · 1875