Kennedy v. Atlantic Trust & Banking Co.
Supreme Court of North Carolina
Appeal by defendant from Allen, J., at October Term, 1919, of New HANOVER. This is an action brought by plaintiff to restrain defendant from foreclosing a mortgage made by her to defendant.
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Appeal by defendant from Allen, J., at October Term, 1919, of New HANOVER. This is an action brought by plaintiff to restrain defendant from foreclosing a mortgage made by her to defendant. The mortgage was made on 31 October, 1911, to secure two notes, under seal, of $750 each, one payable one year after date, and the other two years after date, both signed by plaintiff and ber busband on 31 October, 1911. After tbe maturity of tbe two notes, tbe defendant, on 29 October, 1915, under tbe power in tbe mortgage, advertised tbe property for sale on 29 November, 1915, when tbe plaintiffs sued…
1Opinion of the Court
Walkbb, J.,
after stating tbe case: It appears that, pending this suit, and at the request of tbe defendant bank, Henry Heyer, in pursuance of bis guarantee to do so, paid tbe chattel mortgage, which, of course, discharged tbe debt secured by tbe real estate mortgage given by Kennedy and bis wife to tbe bank. There is no question of an innocent bolder in tbe case, as tbe bank was tbe original payee in tbe Kennedy notes, and it, its agent, or Heyer, participated in all tbe transactions mentioned, Heyer having actual knowledge and .the bank perhaps imputed knowledge' of tbe facts.
The'…
2Cases cited11 opinions
- State v. Ledford.Supreme Court of North Carolina · 1903
- Liles v. . RogersSupreme Court of North Carolina · 1893
- Welfare v. . ThompsonSupreme Court of North Carolina · 1880
- Journal Publishing Co. v. BarberSupreme Court of North Carolina · 1914
- Nance v. Western Union Telegraph Co.Supreme Court of North Carolina · 1919
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3Cited by12 opinions
- Nance v. . Telegraph Co.Supreme Court of North Carolina · 1919
- Wilson v. . WilliamsSupreme Court of North Carolina · 1939
- Barnes v. . CrawfordSupreme Court of North Carolina · 1931
- Grantham v. . NunnSupreme Court of North Carolina · 1924
- Branch Banking & Trust Co. v. BoykinSupreme Court of North Carolina · 1926
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