McCoy v. . Lassiter
Supreme Court of North Carolina
This was an action for the recovery of a horse, and damages, tried before Avery, Judge, at the Fall Term, 1885, of Lenoir Superior Court. The plaintiff alleged that he was the owner, and entitled to the possession of the horse, of .which he had been wrongfully deprived by the defendant. The defendant denied these allegations.
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This was an action for the recovery of a horse, and damages, tried before Avery, Judge, at the Fall Term, 1885, of Lenoir Superior Court. The plaintiff alleged that he was the owner, and entitled to the possession of the horse, of .which he had been wrongfully deprived by the defendant. The defendant denied these allegations. The plaintiff testified that the horse was his property, and had been taken unlawfully from his possession, by the defendant Lassiter; that the defendant had signed a claim and delivery bond, as his surety, in an action brought by him against one Carman ; that nothing…
1Opinion of the CourtAshe, J.
(after stating the case). We think it is manifest from the testimony in the case, that the plaintiff intended to give to the defendant Lassiter and Stanly, the sureties on his bond, a lieu on the horse in controversy. And it is equally manifest, that Lassiter supposed that he was secured by the transaction.
The evidence in the case was entirely sufficient to establish an agreement between the parties, that the defendant should have a lien on the horse, for his indemnification as plaintiff’s surety; for the plaintiff, in the first instance, while the horse was in defendant’s stable, made the…
2Cases cited1 opinion
- Langdon v. BuelNew York Supreme Court · 1832
3Cited by12 opinions
- Odom v. . ClarkSupreme Court of North Carolina · 1908
- Cowan v. DaleSupreme Court of North Carolina · 1925
- Cowan v. . DaleSupreme Court of North Carolina · 1925
- Sparkman v. First State BankTexas Supreme Court · 1922
- Grier v. . WeldonSupreme Court of North Carolina · 1934
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