Johnson v. Yates
Supreme Court of North Carolina
Appeal by defendants from Bond, J., at tbe Pall Term, 1921, of Waice. Civil action, beard on case agreed. Tbe following are tbe facts submitted : “1. Plaintiff is, and was at tbe time tbis controversy arose, a citizen and resident of Franklin County, N. C., and defendants were at said time and are citizens and residents of Wake County, N. C., and engaged as a partnership in business as mechanics and artisans in expert automo-' bile repairing under tbe name of Auto Repair and…
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Appeal by defendants from Bond, J., at tbe Pall Term, 1921, of Waice. Civil action, beard on case agreed. Tbe following are tbe facts submitted : “1. Plaintiff is, and was at tbe time tbis controversy arose, a citizen and resident of Franklin County, N. C., and defendants were at said time and are citizens and residents of Wake County, N. C., and engaged as a partnership in business as mechanics and artisans in expert automo-' bile repairing under tbe name of Auto Repair and Welding Company, with their place of business in Raleigh, N. C. “2. On or about 22 May, 1920, plaintiff sold one J. W.…
1DissentClark, C. J.
Tbe sole question presented by tbis appeal is whether tbe plaintiff, who retained title to an automobile by virtue of a chattel mortgage, executed at tbe time of tbe sale, for tbe balance due on tbe purchase money, which was duly recorded in tbe resident county of tbe mortgagor and mortgagee, is entitled to priority in tbe payment of balance due on bis debt secured by said mortgage, over tbe lien of a mechanic for repairs on said automobile made in a county other than tbat of tbe mortgagor’s residence without tbe knowledge or consent of tbe mortgagee. Tbe trial court rendered judgment in…
2Cases cited5 opinions
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