Kornegay v. . Kornegay
Supreme Court of North Carolina
The complaint alleges, in substance, that the plaintiff is the owner of the horse described therein and entitled to have possession thereof; that the defendant has possession of the horse and refuses to surrender the same, etc.
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The complaint alleges, in substance, that the plaintiff is the owner of the horse described therein and entitled to have possession thereof; that the defendant has possession of the horse and refuses to surrender the same, etc. The defendant denies the material allegations of the complaint, and alleges, that the plaintiff sold him the horse for ninety-five dollars; that he paid fifty dollars of this price and gave the plaintiff his note for the balance, forty-five dollars, to be due on the first day of November, 1888; that the plaintiff warranted the horse to be sound, whereas he was unsound,…
1Opinion of the CourtMekrimon, C. J.
having stated the case as above, proceeded : The purpose of the statute {The Code, § 1275), requiring all conditional sales of personal property to be reduced to writing and registered, is to protect creditors and purchasers for value. It is no part of its purpose to render such sales, whether in writing or not, invalid as between the parties to it. As between them, such sale has the same qualities and is just as effectual as it would have been, and may be proven by the like evidence as before the statute was enacted, and the parties may have the like remedies against each other. Brem v.…
2Cases cited3 opinions
- Butts v. . ScrewsSupreme Court of North Carolina · 1886
- McDowell v. LockhartSupreme Court of North Carolina · 1885
- Empire Drill Co. v. . AllisonSupreme Court of North Carolina · 1886
3Cited by7 opinions
- Calkins Dredging Co. v. StateSupreme Court of North Carolina · 1926
- General Motors Acceptance Corp. v. MayberrySupreme Court of North Carolina · 1928
- Standard Dry-Kiln Co. v. EllingtonSupreme Court of North Carolina · 1916
- Albert Pick & Co. v. Morehead Bluffs Hotel Co.Supreme Court of North Carolina · 1929
- Cody v. . EnglandSupreme Court of North Carolina · 1939
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