Brittain v. . Quiet
Supreme Court of North Carolina
This cause was removed from the court of equity of Burke county. Thefacts upon which theplantiffsEquity depends,are all recited in the opinion of the court. The cause was heard on demurer.
1Opinion of the Court
PeaRSOn J.
In 1850, the defendant sued the plantiff in assumpsit, and at Spring Term 1853, obtained judgment for $198, for which execution has issued. In 1841, the plantiff became the surety of the defendant, to one Pearson for $175. In 1850, Pearson sued for the debt and obtained judgment, which was paid off by the plantiff in December 1852.
The prayer is to enjoin the defendant from collecting any more than the difference between the two sums; that the one sum may be declared to be a discharge of the other; a demurrer is filed; upon the argument, the defendants counsel put the case, on the…
2Cited by2 opinions
- Richardson v. MerrittSupreme Court of Minnesota · 1898
- Rambaut v. . MayfieldSupreme Court of North Carolina · 1820