Teague v. Howard Grocery Co.
Supreme Court of North Carolina
Civil actioN, tried before Allen, J., and a jury, at September Term, 1917, of Lee. Tbe action was to recover certain personal property, a buggy and harness, an automatic oil can, and a safe, or tbe value thereof, which plaintiff trustee, in a general assignment or deed of. trust for creditors by Dixon & Stewart, alleged had been sold and delivered to defendants in payment of an existent debt within two weeks of the assignment and under circumstances constituting a wrongful…
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Civil actioN, tried before Allen, J., and a jury, at September Term, 1917, of Lee. Tbe action was to recover certain personal property, a buggy and harness, an automatic oil can, and a safe, or tbe value thereof, which plaintiff trustee, in a general assignment or deed of. trust for creditors by Dixon & Stewart, alleged had been sold and delivered to defendants in payment of an existent debt within two weeks of the assignment and under circumstances constituting a wrongful preference witbin tbe meaning of tbe statute. It was admitted tbat on 2 December, 1915, tbe firm of Dixon & Stewart,…
1Opinion of the CourtHoke, J.
Our statute regulating general assignments for creditors, Revisal, secs. 967 et seq., as amended by Laws 1909, cb. 918, 1 Gregory’s Supplement to Pell’s Revisal, 109-110, makes provision, among other things, tbat it shall be tbe duty of trustee in such cases to recover for tbe benefit, of tbe estate property which may have been conveyed by tbe grantor or assignor in fraud of bis creditors or which may have been conveyed or transferred by tbe grantor or assignor for tbe purpose of giving a preference. A preference under this section shall be deemed to have been given wben property has been…
2Cases cited3 opinions
- Jenkins v. JarrettSupreme Court of North Carolina · 1874
- Richardson v. Insurance Co.Supreme Court of North Carolina · 1904
- Wooten v. TaylorSupreme Court of North Carolina · 1912
3Cited by5 opinions
- Edwards v. Northwestern BankCourt of Appeals of North Carolina · 1979
- Winborne v. . McMahanSupreme Court of North Carolina · 1934
- Watts v. Norfolk Southern RailroadSupreme Court of North Carolina · 1922
- Coble v. ReapSupreme Court of North Carolina · 1967
- Jenkins v. . JarrettSupreme Court of North Carolina · 1874