Legal Opinion

Capehart v. . Dettrick

Supreme Court of North Carolina

Decided October 5, 1884PublishedCited by 37 opinions

Civil Action, tried on exceptions to a referee’s report, at Fall Term, 18S2, of Northampton Superior Court, before McKoy, J. This action, originally commenced by Alanson Capeheart against Asa Biggs and Kader Biggs, constituting the partnership firm of Kader Biggs & Co., was for an injunction to restrain them from making sale under a deed in trust to secure bis indebtedness to them, and meanwhile for the statement of an account in order that the amount due be ascertained.

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Civil Action, tried on exceptions to a referee’s report, at Fall Term, 18S2, of Northampton Superior Court, before McKoy, J. This action, originally commenced by Alanson Capeheart against Asa Biggs and Kader Biggs, constituting the partnership firm of Kader Biggs & Co., was for an injunction to restrain them from making sale under a deed in trust to secure bis indebtedness to them, and meanwhile for the statement of an account in order that the amount due be ascertained. The controversy between these parties has been adjusted, and Louis F. Dettrick was allowed to intervene and assert his…

1Opinion of the Court

Smith, C. J.,

after stating the above. There are two material propositions of law involved in the rulings made by the referee and affirmed by the court, which the appeal requires us to examine and decide.

1. The series'of notes mentioned in the deed, though upon their face many of them maturing in the future, have had the time of payment accelerated by a provision therein, and are now due and belong to said Alanson Capehart.

2. The effect of the lapse of time in barring a recovery on his indebtedness to the said Dettrick exonerates the collateral securities assigned to the latter from the lien…

2Cases cited6 opinions

  1. Heyer v. PruynNew York Court of Chancery · 1839
  2. Jackson ex rel. Sackett v. SackettNew York Supreme Court · 1831
  3. Howell v. Western Railroad CompanySupreme Court of the United States · 1877
  4. Murphy v. . McNeillSupreme Court of North Carolina · 1880
  5. Richmond v. AikenSupreme Court of Vermont · 1853

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3Cited by37 opinions

  1. Stevens v. TurlingtonSupreme Court of North Carolina · 1923
  2. Menzel v. Hinton.Supreme Court of North Carolina · 1903
  3. Stevens v. . TurlingtonSupreme Court of North Carolina · 1923
  4. Parker v. . BeasleySupreme Court of North Carolina · 1895
  5. Fitzgerald v. FlanaganSupreme Court of Iowa · 1912

32 more not listed; retrieve them via the Exa API.

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