Legal Opinion

Moore v. Boudinot

Supreme Court of North Carolina

Decided January 15, 1870PublishedCited by 5 opinions

Case agreed in regard to a question in difference between the parties, submitted to Towrgee, J., July 1st' 1869, at Chambers, Chatham Court.

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Case agreed in regard to a question in difference between the parties, submitted to Towrgee, J., July 1st' 1869, at Chambers, Chatham Court. The parties (with others who are admitted to be insolvent) were, in person or as representatives, sureties upon one or more of the four official bonds given by the Clerk and Master for Chatham County, during the years 1855, 1856, 1857 and 1858, and, some of them having been compelled to pay money on account of a default by their principal, a question arose, whether contribution could be enforced against the others, and if so, in what proportion. The…

1Opinion of the CourtSettle, J.

This was a case agreed, and submitted to *193Ms Honor to find the facts, and to declare the law arising upon them. ■

He finds the facts that the principal was appointed to the office of Clerk and Master in Equity, for the County of Chatham in. 1847; and that his appointment was renewed in 1851, and again in 1855.

These facts being established, (and we must say that we concur in the view of the matter taken by his Honor,) the case is relieved of all further difficulty; for it is well settled, that when a term of office is for more than one year, the-honds given for a proper discharge of the duties…

2Cited by5 opinions

  1. United States Fidelity & Guaranty Co. v. NaylorCourt of Appeals for the Eighth Circuit · 1916
  2. Fidelity & Deposit Co. of Maryland v. FlemingSupreme Court of North Carolina · 1903
  3. Pickens v. . MillerSupreme Court of North Carolina · 1880
  4. Gray v. American Surety Co.Indiana Court of Appeals · 1931
  5. Pender County v. . KingSupreme Court of North Carolina · 1929

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