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ARCADY FARMS MILLING COMPANY v. WALLACE

No. 105.

89 S.E.2d 413 (1955)

242 N.C. 686

ARCADY FARMS MILLING COMPANY, a corporation, v. J. Frank WALLACE and James E. Wallace, Individually and Trading and Doing Business as Wallace Poultry House, and Bessie Wallace and Helen Wallace.

Supreme Court of North Carolina.

October 12, 1955.

Attorney(s) appearing for the Case

McLean, Gudger, Elmore & Martin, Asheville, for Bessie Wallace and Helen Wallace, defendants, appellants.

Lee & Lee, Asheville, for plaintiff, appellee.

PARKER, Justice.

At the beginning it is to be noted that the male defendants are sued upon their trade acceptances, and that the feme defendants are sued upon their guaranty contract, specially set forth and pleaded.

The obligation of a surety is primary, and the surety becomes bound as an original debtor is bound. He is directly and equally bound with his principal. Wachovia Bank & Trust Co. v. Clifton...

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