Smoak v. . Sockwell
Supreme Court of North Carolina
Appeal from E. B. Jones, J., at December Term, 1909, of Fobsyth. This was a civil action in the Superior Court, brought by Smoak & McCreary, partners, against John Sockwell; action was brought for recovery in favor of the plaintiff against the defendant in the sum of $210 for the conversion of a mule, as alleged in complaint.
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Appeal from E. B. Jones, J., at December Term, 1909, of Fobsyth. This was a civil action in the Superior Court, brought by Smoak & McCreary, partners, against John Sockwell; action was brought for recovery in favor of the plaintiff against the defendant in the sum of $210 for the conversion of a mule, as alleged in complaint. The jury rendered the following verdict: 1. Are plaintiffs the owners and entitled to the possession of the mule, buggy and harness, described in the pleadings? Answer: Yes. 2. Did the defendant receive into his possession the mule, buggy and harness, and convert them to…
1Opinion of the CourtHoke, J.
On the pleadings there was a general denial of plaintiffs’ demand and claim, and on the trial it appeared in evidence that plaintiffs sold a mule to one O. P. Pegram, a resident of Guilford County, N. O., and took a chattel mortgage on the mule and some other personal projierty to secure the balance due on the purchase price to the amount of $145; that said mortgage was duly proven and registered in the county of Guil-ford, where the mortgagor resided; some time after the mortgage was due, and when there was considerable balance still unpaid, Pegram sold the mule to defendant John Sockwell;…
2Cases cited3 opinions
- Ross v. MenefeeIndiana Supreme Court · 1890
- Jones v. WebsterSupreme Court of Alabama · 1872
- McCandless v. MooreSupreme Court of Missouri · 1872
3Cited by4 opinions
- Lanier v. . Pullman Co.Supreme Court of North Carolina · 1920
- Montague Bros. v. W. C. Shepherd Co.Supreme Court of North Carolina · 1950
- Hardy & Newsome, Inc. v. WhedbeeSupreme Court of North Carolina · 1956
- Johnson v. YatesSupreme Court of North Carolina · 1922