Legal Opinion

MacHine Co. v. Owings.

Supreme Court of North Carolina

Decided March 13, 1906PublishedCited by 23 opinions

ActioN by the Standard Sewing Machine Co. against D. A. Owings, beard by Judge E. B. Jones, át the October Term, 1905, of the Superior Court of Chaven. The plaintiff, holding notes of defendant for the purchase price of certain machines, bad instituted two actions on same against defendant, and said actions having been consolidated, plaintiff obtained judgment on said notes against defendant at May Term, 1905, of Craven Superior Court.

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ActioN by the Standard Sewing Machine Co. against D. A. Owings, beard by Judge E. B. Jones, át the October Term, 1905, of the Superior Court of Chaven. The plaintiff, holding notes of defendant for the purchase price of certain machines, bad instituted two actions on same against defendant, and said actions having been consolidated, plaintiff obtained judgment on said notes against defendant at May Term, 1905, of Craven Superior Court. Defendant, having filed bis petition in bankruptcy, obtained an order from the District Court, staying further proceedings in that cause in enforcement of said…

1Opinion of the Court

Hoke, J.,

after stating the case; No reason occurs to us why a suit by plaintiff on the contract, pursued to judgment, uncollected and apparently uncollectible, should bar an action to recover damages for fraud and deceit on the part of defendant, and by means of which the sale was procured. Both actions are consistent in theory, and both in affirmance of the sale. The remedies, in this jurisdiction at least, while consistent, are not always entirely co-extensive, nor are the damages necessarily the same. The weight of authority is also against the position of defendant.

In Enc. PI. & Practice,…

2Cases cited4 opinions

  1. Bacon & Co. v. MoodySupreme Court of Georgia · 1903
  2. Black v. MillerMichigan Supreme Court · 1889
  3. Palmer v. PrestonSupreme Court of Vermont · 1872
  4. Townsend v. StuderSupreme Court of Iowa · 1899

3Cited by23 opinions

  1. American Process Co. v. Florida White Pressed Brick Co.Supreme Court of Florida · 1908
  2. Troitino v. GoodmanSupreme Court of North Carolina · 1945
  3. Wirth v. BraceySupreme Court of North Carolina · 1963
  4. Grizzard v. FiteTennessee Supreme Court · 1916
  5. Smith v. Greensboro Joint Stock Land BankSupreme Court of North Carolina · 1938

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