Chemical Co. v. Edwards.
Supreme Court of North Carolina
ActioN by the Virginia-Oarolina Chemical Company against B. W. Edwards, heard by Judge Frederick Moore, at December Term, 1903, of the Superior Court of Greene County. Controversy submitted without action, under section 567 of The Code. In order to present the point decided in this Court it will be necessary to state only the substance of the case agreed.
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ActioN by the Virginia-Oarolina Chemical Company against B. W. Edwards, heard by Judge Frederick Moore, at December Term, 1903, of the Superior Court of Greene County. Controversy submitted without action, under section 567 of The Code. In order to present the point decided in this Court it will be necessary to state only the substance of the case agreed. The plaintiff in January, 1902, sold and delivered to George W. Sugg, intestate of the defendant, several lots of fertilizers, for which Sugg gave his notes in different amounts and due on the dates (in 1902) therein mentioned. It was…
1Opinion of the Court
Walker, J.,
after stating the facts. The plaintiff claims that it is entitled to receive from the defendant, as administrator of its debtor, Sugg, out of the assets of the latter’s estate, a dividend on the full amount of its debt, that is, on the debt unreduced by the amount which was received from the defendant, and which represented collections made by him on the notes and accounts held by his intestate for fertilizers which he sold. This, it is insisted, is the rule which the courts of equity adopt and apply -in the adjustment of claims against the estates of insolvent debtors, as…
2Cases cited13 opinions
- People v. E. Remington & SonsNew York Court of Appeals · 1890
- Furness v. Union National BankIllinois Supreme Court · 1893
- Creecy v. . Pearce, Adm'r .Supreme Court of North Carolina · 1873
- Brown v. Merchant's & Farmers Nat. BankSupreme Court of North Carolina · 1878
- Jennings, Friedman & Stevens ex rel. Mercantile Trust Co. v. LoefflerSupreme Court of Pennsylvania · 1898
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3Cited by4 opinions
- Cox v. Fairbanks Co.Court of Appeals of Georgia · 1923
- United States Fidelity & Guaranty Co. v. HoodSupreme Court of North Carolina · 1934
- Guano Co. v. Edwards.Supreme Court of North Carolina · 1904
- Price v. Hosterman Lumber Co.West Virginia Supreme Court · 1911