Legal Opinion

Smoak v. . Sockwell

Supreme Court of North Carolina

Decided May 4, 1910PublishedCited by 4 opinions

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

  1. Ross v. MenefeeIndiana Supreme Court · 1890
  2. Jones v. WebsterSupreme Court of Alabama · 1872
  3. McCandless v. MooreSupreme Court of Missouri · 1872

3Cited by4 opinions

  1. Lanier v. . Pullman Co.Supreme Court of North Carolina · 1920
  2. Montague Bros. v. W. C. Shepherd Co.Supreme Court of North Carolina · 1950
  3. Hardy & Newsome, Inc. v. WhedbeeSupreme Court of North Carolina · 1956
  4. Johnson v. YatesSupreme Court of North Carolina · 1922

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