Hinton v. . Williams
Supreme Court of North Carolina
Appeal by plaintiffs from Justice, J., at January Term, 1915, of PASQUOTANK. Action for tbe alleged conversion of certain personal property, i. one skidder and two trucks or log cars. C. L. & E. L. Hinton sold and delivered to tbe Camden Timber Company said skidder, four trucks and some miles of railroad iron, under a written agreement, 21 June, 1912, “to be paid for about one-tbird casb, balance note, title to remain witb vendor till all tbe note is paid in full.”
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Appeal by plaintiffs from Justice, J., at January Term, 1915, of PASQUOTANK. Action for tbe alleged conversion of certain personal property, i. one skidder and two trucks or log cars. C. L. & E. L. Hinton sold and delivered to tbe Camden Timber Company said skidder, four trucks and some miles of railroad iron, under a written agreement, 21 June, 1912, “to be paid for about one-tbird casb, balance note, title to remain witb vendor till all tbe note is paid in full.” Three hundred dollars was paid in casb. This agreement was not recorded till 30 August, 1913, over fourteen months after date. In…
1Opinion of the CourtClaes, C. J.
The sole question in the case is whether the vendors claiming under an unregistered conditional sale are entitled to recover the property from the purchaser at sale by the bankrupt’s trustees. At the close of the testimony the defendant moved for a nonsuit, which was allowed, and the plaintiffs excepted.
The mortgage or conditional sale expressed the intention of the parties that title was to be retained by the Hintons until the purchase price was paid in full. Though the agreement .was executed 21 June, 1912, it was not recorded till 30 August, 1913. In the meantime the Camden Timber Company…
2Cases cited15 opinions
- Potter Mfg. Co. v. ArthurCourt of Appeals for the Sixth Circuit · 1915
- Pacific State Bank v. CoatsCourt of Appeals for the Ninth Circuit · 1913
- In re Williamsburg Knitting MillDistrict Court, E.D. Virginia · 1911
- In re BazemoreDistrict Court, N.D. Alabama · 1911
- Gage Lumber Co. v. McEldowneyCourt of Appeals for the Sixth Circuit · 1913
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Davis v. RobinsonSupreme Court of North Carolina · 1925
- Davis v. . RobinsonSupreme Court of North Carolina · 1925
- Hege v. SellersSupreme Court of North Carolina · 1954
- Lynch v. JohnsonSupreme Court of North Carolina · 1916
- Hayes v. RicardSupreme Court of North Carolina · 1957
14 more not listed; retrieve them via the Exa API.