Supreme Court of North Carolina June 5, 1843 (Drake v. . Ricks)

The equity of the plaintiff against Bryant extends to Ricks, who took the bond after it was due and, indeed, without endorsement. And as against Bryant we think the plaintiff is entitled to the relief he asks. For the grounds of that relief we need not go farther back than the agreement of 6 August, 1832. It appears, indeed, that at no time after 1826 was Taylor able to pay his debts.