Jones v. . Hagler

Supreme Court of North Carolina

Jones v. . Hagler

51 N.C. 542

DecidedAugust 5, 1859

StatusPublished

This text of 51 N.C. 542 (Jones v. . Hagler) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jones v. . Hagler, 51 N.C. 542 (N.C. 1859).

Pincite

Opinion

BueeiN, J.

It would require the very strongest authority to induce the Court to hold, that a discharge, by act of law, of one of two joint and several debtors, worked also the discharge of the other — more especially when, as in this case, the very purpose of the latter in becoming bound, was to guarantee the debt against the insolvency or bankruptcy of the principal. But there is no occasion for resorting to that principle, since the bankrupt act of 1841, under which the discharge here was had, expressly provides, that the discharge of a principal shall not impair the liability of his surety.

Pee Cueiam, . Judgment affirmed.

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BueeiN, J.

It would require the very strongest authority to induce the Court to hold, that a discharge, by act of law, of one of two joint and several debtors, worked also the discharge of the other — more especially when, as in this case, the very purpose of the latter in becoming bound, was to guarantee the debt against the insolvency or bankruptcy of the principal. But there is no occasion for resorting to that principle, since the bankrupt act of 1841, under which the discharge here was had, expressly provides, that the discharge of a principal shall not impair the liability of his surety.

Pee Cueiam, . Judgment affirmed.

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Bluebook (online)

51 N.C. 542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-hagler-nc-1859.