Snow Steam Pump Works v. Dunn
Supreme Court of North Carolina
Civil actioN, instituted by the plaintiff, to enforce the lien of a chattel mortgage, tried before Graham, J., at May Term, 1896, of Craver Superior Court.
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Civil actioN, instituted by the plaintiff, to enforce the lien of a chattel mortgage, tried before Graham, J., at May Term, 1896, of Craver Superior Court. It was agreed by counsel that his Honor should pass upon the questions of law raised by the pleadings, first, as to the defendant’s contention that plaintiff is estopped by the judgment in the suit of Delafield etal. v. Mercer Construction Co., (118 N. 0., 105); and, second, that the chattel mortgage was insufficient as to execution and probate to create a lien against the material therein scheduled. ITis Honor held that the plaintiff was…
1Opinion of the Court
Clark, J. :
The plaintiff held two claims against the defendant, one for an open, unsecured account of $92, the other for $2,573, secured by mortgage. In the creditor’s bill, brought by Delafield and others against the defendant, the Snow Steam Pump Co. was not a plaintiff, nor was it made a defendant by service of summons, nor by general appearance either in the action or before the referee. Indeed, the Snow Pump Co., when summoned before the referee, refused to take any part, and, appearing specially, excepted, so there was no ground to hold that the Snow Pump Co. was a party to the…
2Cases cited3 opinions
- Jones v. . BeamanSupreme Court of North Carolina · 1895
- Temple v. . WilliamsSupreme Court of North Carolina · 1884
- Delafield v. Lewis Mercer Construction Co.Supreme Court of North Carolina · 1896
3Cited by2 opinions
- McDowell County Bank v. WoodWest Virginia Supreme Court · 1906
- Johnson v. PrinevilleOregon Supreme Court · 1921