New Home Sewing MacHine Co. v. Seago
Supreme Court of North Carolina
Aotiost by tibe New Home Sewing Machine Company against Henry E. Seago, D. "R. Seago and W. A. Marks, heard by Judge Thomas J. Slum and a jury, at the December Term, 1900, of StaNuy County Superior Court. From a judgment for the plaintiff, tbe defendants appealed.
1Opinion of the Court
Fueci-ies, O. J.
This is an action of debt upon a penal bond of $500, given by tbe defendants to the plaintiff to indemnify it against loss on account of the agency of tbe defendant Seago. Upon tbe trial it was found that the plaintiff was entitled to recover $442.27 for defalcations *159upon which he was allowed $104.44 interest, making together the sum of $546.71. Eor this amount the plaintiff was allowed judgment and defendants excepted.
While cases may be found in many jurisdictions to sustain the judgment of the Court, we do not think it can be sustained upon principle, nor under the statutes…
2Cases cited7 opinions
- Asa Bell's Administrator v. JasperSupreme Court of North Carolina · 1843
- Jones v. . HaysSupreme Court of North Carolina · 1845
- State Ex Rel. Anthony v. EstesSupreme Court of North Carolina · 1888
- Stafford v. Jones Bros.Supreme Court of North Carolina · 1884
- Branch Ex Rel. Bank of Cape Fear v. ElliotSupreme Court of North Carolina · 1831
2 more not listed; retrieve them via the Exa API.