Morris v. . Connor
Supreme Court of North Carolina
This was an action of claim and delivery, tried at November Term, 1890, of the Superior Court of Harnett County, Boykin, J., presiding. The plaintiff R. F. Morris was introduced as a witness, and testified that he was a printer, and sold to J. J. Stone a printing outfit, for the payment of the purchase-money of which a mortgage was given. A chattel mortgage in the usual form and properly proven and registered was offered in evidence, and defendant objected to its admission.
Read the full summary
This was an action of claim and delivery, tried at November Term, 1890, of the Superior Court of Harnett County, Boykin, J., presiding. The plaintiff R. F. Morris was introduced as a witness, and testified that he was a printer, and sold to J. J. Stone a printing outfit, for the payment of the purchase-money of which a mortgage was given. A chattel mortgage in the usual form and properly proven and registered was offered in evidence, and defendant objected to its admission. The property conveyed was described in said mortgage as follows: “ 1 Washington Hand Press, 2 Imposing Stones and…
1Opinion of the Court
Avery, J.:
We can draw no other inference from the unsatisfactory statement of the case on appeal than that his Honor below excluded the chattel mortgage because the description of the property conveyed was upon its face too vague. While it seems that the Court heard testimony, it was not directed to the identification of the articles mentioned in the mortgage, and the Judge subsequently stated in explicit terms that the objection sustained was to the com-peténcy of the mortgage, and not to the sufficiency of the evidence offered to be submitted to the jury upon the question of its separation…
2Cases cited5 opinions
- Blow v. . VaughanSupreme Court of North Carolina · 1890
- Goff, Cranston & Co. v. PopeSupreme Court of North Carolina · 1880
- Harris v. . WoodardSupreme Court of North Carolina · 1887
- Dunkart v. . RineheartSupreme Court of North Carolina · 1883
- Carpenter v. . MedfordSupreme Court of North Carolina · 1888
3Cited by2 opinions
- Reinstein v. RobertsOregon Supreme Court · 1898
- In re the Assignment of RiceColumbiana County Probate Court · 1914