Brimmer v. M. H. Brimmer & Co.
Supreme Court of North Carolina
Appeal by petitioner from Bond, J., at the April Term, 1917, of New HANOVER. - This is a petition filed by the receiver of the M. H. Brimmer Company against the Schloss-Bear-Davis Company to recover a certain “dead wagon,” or the proceeds thereof.
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Appeal by petitioner from Bond, J., at the April Term, 1917, of New HANOVER. - This is a petition filed by the receiver of the M. H. Brimmer Company against the Schloss-Bear-Davis Company to recover a certain “dead wagon,” or the proceeds thereof. The Brimmer Company was in business as an undertaker, and it was admitted that it bought the wagon, which was in possession of the Davis Company at the commencement of the action, the Davis Company claiming that it had been pledged as security for debt by M. H. Brim-mer, general manager of the Brimmer Company. The receiver denied that the wagon was…
1Opinion of the CourtAlleN, J.
It is not necessary to consider tbe first and second assignments of error because the deposition of M. H. Brimmer bas no bearing upon any issue except tbe first, wbicb was answered in favor of tbe defendant.
Tbe third, fourth, and fifth assignments of error are without merit. Tbe record does not show what would have been tbe answer of tbe witness to tbe questions propounded to him, but if we assume that tbe purpose was to show tbe insolvency of tbe Brimmer Company, this was not relevant to any issue before tbe jury, and it was not in controversy, because tbe record shows that tbe petitioner…
2Cases cited5 opinions
- Duke v. . MarkhamSupreme Court of North Carolina · 1890
- Wynn v. GrantSupreme Court of North Carolina · 1914
- Tucker v. . SatterthwaiteSupreme Court of North Carolina · 1897
- Brittain v. Westall.Supreme Court of North Carolina · 1904
- Starnes v. Raleigh, Charlotte & Southern Railway Co.Supreme Court of North Carolina · 1915
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- Morpul Research Corp. v. Westover Hardware, Inc.Supreme Court of North Carolina · 1965
- Tuttle v. Junior Building Corp.Supreme Court of North Carolina · 1948
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