Davis v. Board of Commissioners
Supreme Court of North Carolina
PetitioN to rehear the two cases, decided in this court at January Term, 1875, and wliicli are reported in 72 N. O. Rep. 441.' The plaintiff moved the court to re-hear upon the ground in the first named case, that there was error in the judgment and decision aforesaid in this, that although the county of Stokes is not liable on the note, yet it is liable on the implied contract to repay the money borrowed of Poindexter, to whose rights, on payment of the $500, the plaintiff,…
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PetitioN to rehear the two cases, decided in this court at January Term, 1875, and wliicli are reported in 72 N. O. Rep. 441.' The plaintiff moved the court to re-hear upon the ground in the first named case, that there was error in the judgment and decision aforesaid in this, that although the county of Stokes is not liable on the note, yet it is liable on the implied contract to repay the money borrowed of Poindexter, to whose rights, on payment of the $500, the plaintiff, Davis, was su-brogated pro tcmto, which it received and appropriated to its-own use, and that use held not to be an…
1Opinion of the Court
Eeadb J.
We have with care considered what we said, and examined the authorities cited upon the rehearing. (See same case reported in 72 N. C. Rep. 441.) And we do not see the alleged error.
In Poindexter v. Davis, 67 N. C. Rep. 112, cited.by the plaintiff, the liability of the county was not involved ; but the liability of the present plaintiff, who was then defendant as surety of the county.
And when it is remembered that a county may be liable when the princpal is not, it will be seen that that case has nothing to do with this, which involves the liability of the couivy alone. In the opinion…
2Cases cited2 opinions
- Davis v. . Board of Comm'rs., Stokes Co. and PoindexterSupreme Court of North Carolina · 1875
- Poindexter v. . DavisSupreme Court of North Carolina · 1872