29 N.C. 355 | N.C. | 1847
We concur with his Honor, that this is not like the case, where a surety merely procures the creditor to accept his own note in satisfaction of the note of himself and principal. He cannot, in the latter case, maintain the action for money paid to the use of his principal, until he has paid his own note; because, until then, he has not in fact paid any thing — he is out of pocket nothing. But this is a case widely different. The plaintiff did actually pay off the judgment against himself and the defendant, with his own money, and hot with his credit, before commencing his action. The discounting of his note by the bank was an entirely distinct matter, and the money resulting from it was his own, to every purpose, to, be applied and used by him as he chose. If he had borrowed the money from any other person,
Pee Curiam. Judgment affirmed.