Legal Opinion

O'Connor v. . Harris

Supreme Court of North Carolina

Decided June 5, 1879PublishedCited by 8 opinions

Civil ActioN tried at Pall Term, 1878, of Northampton Superior Court, before Seymour, J. Upon the finding of the jury and the facts admitted in the case, the court gave judgment for the plaintiff and the defendants appealed.

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Civil ActioN tried at Pall Term, 1878, of Northampton Superior Court, before Seymour, J. Upon the finding of the jury and the facts admitted in the case, the court gave judgment for the plaintiff and the defendants appealed. The assignment of the chose in action was valid and binding on Harris and his wife, unless he was deprived of the power to sell it by virtue of the provisions of the constitution of 1868. See Burwell v. Roberts, 4 Dev., 81; Knight v. Leah, 2 Dev. & Bat., 133; Barnes v. Pearson, 6 Ire. Eq., 482; Weeks v. Weeks, 5 Ire. Eq., Ill; Rogers v. Bumpass, 4 Ire Eq , 285; Ilowell v.…

1Opinion of the CourtDillakd, J.

The defendant Harris intermarried with Susan his wife, who had been the ward of defendant Oars-tarphen, in 1865, and brought>uit in the name of himself and wife, to spring term, 1867,.‘against-the guardian to surcharge and falsify an account of his guardianship previously settled; and pending the suit,'.to-wit, in 1873, the said Harris conveyed the chose in action, which formed the subject matter thereof, to the plaintiff-J. O’Connor in trust for the purposes in the deed of assignment méhtioned. After having so done, Harris compromised the suit, and the allegation is that a decree by consent…

2Cases cited2 opinions

  1. W. M. Sutton v. . J. A. J. AskewSupreme Court of North Carolina · 1872
  2. Holliday v. McMillanSupreme Court of North Carolina · 1878

3Cited by8 opinions

  1. Perry v. StancilSupreme Court of North Carolina · 1953
  2. Hart v. LeeteSupreme Court of Missouri · 1891
  3. Benbow v. . MooreSupreme Court of North Carolina · 1894
  4. Morris v. . MorrisSupreme Court of North Carolina · 1886
  5. North Carolina Baptist Hospitals, Inc. v. HarrisSupreme Court of North Carolina · 1987

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