Dwyer v. . Cutler
Cases that cite this one
1 later published case cites this decision.
- Lance v. Cogdill (N.C. 1953)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The act of 1820, extending the jurisdiction of Justices to one hundred dollars, does not embrace this case. The words are, “ bonds, notes and liquidated accounts.” There is a guaranty under seal, on which the sole, remedy is by an action of cove* want, in which damages would be recovered for the nonperformance of the guaranty.
It was certainly not the design of the act, that Magistrates should have jurisdiction of a case, in which questions are likely to arise, which it would be difficul» for them to settle. The construction of a guaranty, the extent of the obligation imposed by it, and the degree of diligence which, under the circumstances of the case, the Plaintiff' is bound to use, require the consideration of a Jury, aided by a Court qualified to instruct them.
There ought to be a new trial.
Per Curiam.* — -Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.