Barber v. . Buffaloe
Supreme Court of North Carolina
Civil ACTION, tried at September Term, 1892, of Superior Court of Northampton, before Brown, J. The debtor, J. C. Lassiter, assigned his stock of goods and many other articles of personal property, subject to his exemption “to be set apart to him in the manner provided by law,” and also all his notes and other evidences of debt, to the plaintiff as trustee, with power to sell publicly and privately and apply the proceeds as they might arise from sales and collections: first…
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Civil ACTION, tried at September Term, 1892, of Superior Court of Northampton, before Brown, J. The debtor, J. C. Lassiter, assigned his stock of goods and many other articles of personal property, subject to his exemption “to be set apart to him in the manner provided by law,” and also all his notes and other evidences of debt, to the plaintiff as trustee, with power to sell publicly and privately and apply the proceeds as they might arise from sales and collections: first to the payment of the costs incident to the execution of the trust and five per cent, as the commissions of the. trustee…
1Opinion of the Court
Avery, J.:
The testimony of Lassiter as to his intent was not contradicted, unless the circumstances, shown by him and other witnesses, were badges of fraud to be submitted to the jury as tending to prove a purpose on his part to hinder, delay or defeat other creditors. The fact that the goods were in express terms assigned “subject to his personal property exemption to be set apart to him in the manner prescribed by law,” is no evidence of a fraudulent intent whatever, and it would be error to submit the fact to the jury as tending to show such purpose. Eigenbrun v. Smith, 98 N. C., 207;…
2Cases cited6 opinions
- Helms v. . GreenSupreme Court of North Carolina · 1890
- Phifer v. . ErwinSupreme Court of North Carolina · 1888
- Moore v. . HinnantSupreme Court of North Carolina · 1883
- Bobbitt v. . RodwellSupreme Court of North Carolina · 1890
- Eigenbrun v. SmithSupreme Court of North Carolina · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- W. H. Wolf & Co. v. ArthurSupreme Court of North Carolina · 1893
- Davis v. B. J. Smith & Co.Supreme Court of North Carolina · 1893
- Lee v. . FlannaganSupreme Court of North Carolina · 1847
- Royster v. . StallingsSupreme Court of North Carolina · 1899
- Barber v. . BuffaloeSupreme Court of North Carolina · 1898
3 more not listed; retrieve them via the Exa API.