Jones v. . Blanton
Supreme Court of North Carolina
Cause transmitted from the Court of Equity, of Cleave-land County, at the Spring Term 1848. The Bill sets out, that one Benjamin Hieles, in the year 1821, was, by the County Court of Rutherford County, appointed guardian to the minor children, five in number, of Richard Blanton, deceased, and executed five several bonds, one for the benefit of each of his wards, as guardian, and each in the penalty of six hundred dollars, with one Achilles Durham and the defendant, as his…
Read the full summary
Cause transmitted from the Court of Equity, of Cleave-land County, at the Spring Term 1848. The Bill sets out, that one Benjamin Hieles, in the year 1821, was, by the County Court of Rutherford County, appointed guardian to the minor children, five in number, of Richard Blanton, deceased, and executed five several bonds, one for the benefit of each of his wards, as guardian, and each in the penalty of six hundred dollars, with one Achilles Durham and the defendant, as his sureties ; that, on the 16th of April 1823, the said Hicks renewed his said guardian bonds, by order of the Court, and…
1Opinion of the CourtNash, J.
The defendant’s objection to making contribution is not put on the ground of his not being a party to the bond of 1823, upon which the judgment against ihe plaintiff was obtained, but upon the three following grounds: First, that he was discharged from all liability on the bonds, to which he was a part}', by the judgment of the County Court of Rutherford, when they took the bond of 1S23 ; Secondly, that, as Benjamin D. Durham was one of the obligors in the bond of 1823, with the plaintiff, and is in good circumstances, and amply able to pay his share, it was the duly of the plaintiff to…
Also in this document: Per curiam.
2Cited by5 opinions
- United States Fidelity & Guaranty Co. v. NaylorCourt of Appeals for the Eighth Circuit · 1916
- State Ex Rel. Thornton v. BarbourSupreme Court of North Carolina · 1933
- Gray v. American Surety Co.Indiana Court of Appeals · 1931
- Newcomb v. IngramWisconsin Supreme Court · 1932
- Williams v. . MaitlandSupreme Court of North Carolina · 1840