A Digest of All the Reported Cases, Both in Law And Equity : Determined in the Courts of North Carolina From the Earliest Period to the Present Year, Together With a Table of the Names of the Cases 1866 (1)

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78, sec 1.) 5. A bond given to a trustee, with a condition to secure the rights of others, may, at comuaon law, be put in suit hi the name of the trustee, and an injury to the cestui que trust be assigned as a breach of it. Hid.
6. The statute of 8th and 9th of William 3, ch. 11, was in- tended to authorize courts of law to ascertain the acfoial damage incurred by the breach of the condition of a bond, and to prevent the defendant from being driven to the necessity of having them assessed by an
... issue of quantum damnificatus, awarded by a court of equity. Ibid. (See Rev. Code. ch. 31, sec. 58.) (All official bonds are .now made payable to the State, and every person injured by a breach of their conditions may sue in the name of the State. Rev. Code, ch. 78, sec 1.) 7. Where a bond was given to "the justices of the court of pleas and quarter sessions," and sundry persons joined as plain- tiffs, averring themselves to be justices, but offered no evidence of their character, it was held, that they could noi recover, although the defendant had not, by any special pica, denied that they were justices.

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