Journal Publishing Co. v. Barber
Supreme Court of North Carolina
Appeal by defendant from Lane, Jat September Term, 1913, of FoRsyth. These are the facts of the case, so far as necessary to state them: Mrs. Julia Gray Moore, wife of F. A. Moore, while they lived in Goldsboro, N. 0., where Mr. -Moore was connected with the Atgus, a newspaper published in that city, purchased of the Mergenthaler Linotype Company -one of its linotype machines for $3,315, paying for the same in cash down, $1,000, and giving her several notes for the balance,,…
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Appeal by defendant from Lane, Jat September Term, 1913, of FoRsyth. These are the facts of the case, so far as necessary to state them: Mrs. Julia Gray Moore, wife of F. A. Moore, while they lived in Goldsboro, N. 0., where Mr. -Moore was connected with the Atgus, a newspaper published in that city, purchased of the Mergenthaler Linotype Company -one of its linotype machines for $3,315, paying for the same in cash down, $1,000, and giving her several notes for the balance,, secured by a chattel mortgage on the machine, which was duly registered. Mrs. Moore afterwards paid $390 by taking up…
1Opinion of the Court
"Walkeh, J.,
after stating the case: There are two questions presented in this ease, one arising out of the equitable principle of subrogation and the other out of the law of agency. Defendant Mrs. Moore contends that the plaintiff has not brought itself within the protection of the doctrine of subrogation, because, first, her husband was not authorized to contract with plaintiff in respect to the sale of the Mergenthaler linotype so as to bind her; second, that the full amount of the debt owing by her to the Mergenthaler Company was not paid from the proceeds of plaintiff’s discounted note,…
2Cases cited21 opinions
- Barnes v. . MottNew York Court of Appeals · 1876
- Sanford v. McLeanNew York Court of Chancery · 1831
- Gans v. . ThiemeNew York Court of Appeals · 1883
- Haverford Loan & Building Ass'n v. Fire Ass'nSupreme Court of Pennsylvania · 1897
- Rudasill v. . FallsSupreme Court of North Carolina · 1885
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3Cited by32 opinions
- Jamestown Mut. Ins. Co. v. Nationwide Mut. Ins. Co.Supreme Court of North Carolina · 1970
- Boney, Insurance Comr. v. . Insurance Co.Supreme Court of North Carolina · 1938
- North Carolina Insurance Guaranty Ass'n v. Century Indemnity Co.Court of Appeals of North Carolina · 1994
- In Re a Declaratory Ruling by the North Carolina Commissioner of Insurance Regarding 11 N.C.A.C. 12.0319Court of Appeals of North Carolina · 1999
- Caldwell v. . RobinsonSupreme Court of North Carolina · 1920
27 more not listed; retrieve them via the Exa API.