HARSHAW v. MUSTAFA

No. 109PA87.

362 S.E.2d 541 (1987)

321 N.C. 288

Doris HARSHAW dba Harshaw Bonding Company and Jo Wilkins dba Jo Wilkins Bonding Company, Plaintiffs, v. Hussain Mussallam MUSTAFA, Defendant, John Essa and Nabil Hanhan, Individually and doing business as Sultana Investments, a Partnership, Intervenor Defendants.

Supreme Court of North Carolina.

December 2, 1987.


Attorney(s) appearing for the Case

Hatfield & Hatfield by John B. Hatfield, Jr., Greensboro, for plaintiffs.

Benjamin D. Haines, Greensboro, for intervenor defendants.


MARTIN, Justice.

This appeal raises the issue of whether plaintiffs, who are sureties on bonds issued by their principal, defendant Mustafa, can sue their principal before paying all or part of the penal amount of the bonds. We conclude that they cannot and therefore reverse the Court of Appeals.

Plaintiffs brought this action alleging that they are sureties on two appearance bonds, in the total amount of $25,000, to assure the appearance of defendant Mustafa...

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