1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 285 S.E.2d
  5. 285 S.E.2d 331 (1982)
 

McMULLAN v. GURGANUS

No. 812SC394.

285 S.E.2d 331 (1982)

Neva S. McMULLAN, Plaintiff, v. Fred W. GURGANUS, Defendant and J. Vernon Gurganus and Doris Gurganus, Sureties.

Court of Appeals of North Carolina.

January 5, 1982.

Attorney(s) appearing for the Case

McMullan & Knott by Lee E. Knott, Jr., Washington, for plaintiff-appellee.

Herman E. Gaskins, Jr., Washington, for sureties-appellants.

CLARK, Judge.

The sureties present one argument for consideration. They contend that they are not liable on the bond because the bond was conditioned upon a stay of execution against defendant's property, and plaintiff later breached that condition by executing on the judgments.

The bond contained the following language:

"Whereas the above-named plaintiff instituted suit against the defendant and said suit resulted in a judgment for the plaintiff...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases