W. F. Kornegay & Co. v. Farmers & Merchants' Steamboat Co.
Supreme Court of North Carolina
This was a civil ACTION, tried at February Term, 1890, of Craven Superior Court, before Womack, J. This action was brought, as stated in the case settled on appeal for this Court, “to recover of the defendant two thousand dollars on a contract made by the plaintiff with the defendant for certain machinery, described in article 2 of the complaint, and for $79.16, for the value of certain articles furnished to defendant, as alleged in article 1 of the second cause of action in…
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This was a civil ACTION, tried at February Term, 1890, of Craven Superior Court, before Womack, J. This action was brought, as stated in the case settled on appeal for this Court, “to recover of the defendant two thousand dollars on a contract made by the plaintiff with the defendant for certain machinery, described in article 2 of the complaint, and for $79.16, for the value of certain articles furnished to defendant, as alleged in article 1 of the second cause of action in the complaint, and to have the same declared a lien on the steamboat Carolina, described in the complaint, and that…
1Opinion of the CourtMerrimon, C. J.
after stating the facts: After the Court had found the facts of the case in the course of the action, and was ready to proceed to give judgment, the defendant moved that T. E. Hooker be made a party thereto, on the suggested ground that the defendant had executed to him a mortgage of the vessel mentioned to secure his debt, subsequent to the lien thereon of the plaintiff, specified in the complaint. That such person had such mortgage did not render him a necessary party to this action. Any rights, legal or equitable, acquired by him by virtue of it, were subsequent, subject to, and distinct…
2Cases cited12 opinions
- Lunn v. . ShermerSupreme Court of North Carolina · 1885
- Usry v. . SuitSupreme Court of North Carolina · 1884
- Leak v. . CovingtonSupreme Court of North Carolina · 1888
- Silver Valley Mining Co. v. Baltimore Gold & Silver Mining & Smelting Co.Supreme Court of North Carolina · 1888
- Wade v. SandersSupreme Court of North Carolina · 1874
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Equitable Life Assurance Society of the United States v. BasnightSupreme Court of North Carolina · 1951
- Jones v. . WilliamsSupreme Court of North Carolina · 1911
- Garrett v. RoseSupreme Court of North Carolina · 1952
- Lookout Lumber Co. v. Mansion Hotel & Belt Railway Co.Supreme Court of North Carolina · 1891
- Gammon v. . JohnsonSupreme Court of North Carolina · 1900
18 more not listed; retrieve them via the Exa API.