J. F. White Co. v. Carroll
Supreme Court of North Carolina
Civil actioN, tried before Justice, Jand a jury, at April Term, 1907, of the Superior Court of GeaNVILLe, County. This action was brought to recover a stock of goods. It appears that the defendant had given to the plaintiff, on 16 March, 1900, a mortgage on the stock of goods then in his store to secure the price of goods bought by him.
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Civil actioN, tried before Justice, Jand a jury, at April Term, 1907, of the Superior Court of GeaNVILLe, County. This action was brought to recover a stock of goods. It appears that the defendant had given to the plaintiff, on 16 March, 1900, a mortgage on the stock of goods then in his store to secure the price of goods bought by him. The plaintiff alleged that he was entitled, tinder this mortgage, to the property. • The defendant answered, on 1 August, 1906, and denied the execution of the mortgage, and .averred that it was without consideration; that it does not embrace any goods seized…
1Opinion of the Court
Walker, J.,
after stating the case: If it was the intention of the pleader to allege, in the third section of the reply, that there was a mutual mistake in drawing the mortgage, and that the real contract between the parties was that the instrument should embrace not only the goods then in the store, but all thereafter purchased to renew or replenish the stock, he should have so plainly stated and asked for a correction of the mortgage in that respect. But, while it would seem from the proof tendered that he intended so to allege, in part, we think that both the reply and the proof which were…
2Cases cited15 opinions
- Simpson v. Enfield Lumber Co.Supreme Court of North Carolina · 1903
- Brown v. . DailSupreme Court of North Carolina · 1895
- Fitzgerald v. . SheltonSupreme Court of North Carolina · 1886
- McMillan v. . BakerSupreme Court of North Carolina · 1885
- Bean v. Western North Carolina RailroadSupreme Court of North Carolina · 1890
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3Cited by2 opinions
- Evans v. EverettSupreme Court of North Carolina · 1971
- Kearns v. Davis Bros.Supreme Court of North Carolina · 1923