Wilkins-Ricks Co. v. Welch
Supreme Court of North Carolina
Appeal from Connor, J., at tbe October Term, 1919, of Lee. This is an action to recover two mules, wbicb the plaintiff claims under a chattel mortgage executed by A. 0. Stout to Wilkins-Lashley Company, and which, with the notes secured therein, were transferred to the plaintiff after maturity. The chattel mortgage included the two mules and other personal property.
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Appeal from Connor, J., at tbe October Term, 1919, of Lee. This is an action to recover two mules, wbicb the plaintiff claims under a chattel mortgage executed by A. 0. Stout to Wilkins-Lashley Company, and which, with the notes secured therein, were transferred to the plaintiff after maturity. The chattel mortgage included the two mules and other personal property. Before the notes and mortgage were transferred to the plaintiff, Stout traded the mules to the defendant and received in exchange two mules and a check for $210, agreeing at the time to secure tbe release of the mules from the…
1Opinion of the CourtAllen, J.
The plaintiff corporation and the Wilkins-Lashley Company are apparently one corporation, but, however this may be, notice to the officers of one would be notice to the other, as the officers of both are the same, and in any event the plaintiff, having taken the notes and mortgage after maturity, holds them subject to any defenses existing against the Wilkins-Lashley Company.
The real question, then, is, Could the Wilkins-Lashley Company maintain this action to recover the two mules? Clearly not, because it has accepted and appropriated to its own use, with knowledge of the facts, the check…
2Cases cited3 opinions
- Rudasill v. . FallsSupreme Court of North Carolina · 1885
- Norwood v. Lassiter.Supreme Court of North Carolina · 1903
- McCullers v. . CheathamSupreme Court of North Carolina · 1913
3Cited by9 opinions
- Carolina Equipment and Parts Company v. AndersSupreme Court of North Carolina · 1965
- W. R. Grace & Co. v. StricklandSupreme Court of North Carolina · 1924
- Keith v. GlennSupreme Court of North Carolina · 1964
- Hopkins v. HemsleyIdaho Supreme Court · 1933
- Parker v. . HarrellSupreme Court of North Carolina · 1924
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