North Carolina Reports : Cases Argued And Determined in the Supreme Court of North Carolina
North Carolina Reports : Cases Argued And Determined in the Supreme Court of North Carolina
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The County Court of Stokes borrowed money of the bank to aid the rebellion — was it the duty of the county to pay that debt ? Of coui-se not Could tlie bank have made the county pay it ? Of course not. When therefore the County Court subsequently bor- rowed money and gave its bond to pay that debt, it simply did what it had no power to do, and therefore the county ^vas not bound upon an implied contract, as it might have been if the money had been applied to something that the county was oblige...d to do — as to support the poor. But still, the plaintiff by becoming surety on the bond, acting for himself and not as agent for a county, became liable to Poindexter, who loaned Digitized by Google JANUARY TERM, 1876. 377 Tboxubb v. Thb Kiohmomd a Dasivillb Railroad Co.
his money for no illegdl pnrpose. And now, as we said in the former opinion, " when the plaintiff caUs npon the people of Stokes connty to reimburse or indemnify him, they have the right to answer that he was not their surety, that the County Court was not their agent to contract that debt, and therefore they are not liable.
What to read after North Carolina Reports : Cases Argued And Determined in the Supreme Court of North Carolina?
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To quickly assess the difficulty of the text, read a short excerpt:
The County Court of Stokes borrowed money of the bank to aid the rebellion — was it the duty of the county to pay that debt ? Of coui-se not Could tlie bank have made the county pay it ? Of course not. When therefore the County Court subsequently bor- rowed money and gave its bond to pay that debt, it simply did what it had no power to do, and therefore the county ^vas not bound upon an implied contract, as it might have been if the money had been applied to something that the county was oblige...d to do — as to support the poor. But still, the plaintiff by becoming surety on the bond, acting for himself and not as agent for a county, became liable to Poindexter, who loaned Digitized by Google JANUARY TERM, 1876. 377 Tboxubb v. Thb Kiohmomd a Dasivillb Railroad Co.
his money for no illegdl pnrpose. And now, as we said in the former opinion, " when the plaintiff caUs npon the people of Stokes connty to reimburse or indemnify him, they have the right to answer that he was not their surety, that the County Court was not their agent to contract that debt, and therefore they are not liable.
What to read after North Carolina Reports : Cases Argued And Determined in the Supreme Court of North Carolina?
You can find similar books in the "Read Also" column, or choose other free books by North Carolina Supreme Court to read onlineMoreLess
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