First National Bank v. Johnston
Supreme Court of North Carolina
Appeal from Daniels, J., at November Term, 1912, of "Wil-SON. Civil action. The action was to recover on a note for $2,500, subject to some credits executed by defendant E. W. Johnston and one James Mulligan, deceased, to plaintiff bank. Johnston being a nonresident, summons iwas duly served by publication as to hint, and, on attachment issued in cause, same was levied on $2,500 held by Barnes & Dickinson, also made parties defendant.
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Appeal from Daniels, J., at November Term, 1912, of "Wil-SON. Civil action. The action was to recover on a note for $2,500, subject to some credits executed by defendant E. W. Johnston and one James Mulligan, deceased, to plaintiff bank. Johnston being a nonresident, summons iwas duly served by publication as to hint, and, on attachment issued in cause, same was levied on $2,500 held by Barnes & Dickinson, also made parties defendant. It was claimed by said defendants Barnes & Dickinson that they held said $2,500 as attorneys for. the United States Fidelity and Casualty Company, a corporation…
1Opinion of the Court
Hoke, J.,
after stating the case: It appeared in evidence that defendant Johnston, claiming to hold an unpaid note against one James Mulligan, now deceased, with a chattel mortgage to secure same on a large amount of personal property, instituted claim and delivery for the property, and the same was seized and sold by advertisement, defendants Barnes & Dickinson being Johnston’s attorneys in the cause and conducting the sales, and the money seized and held under attachment in the present suit being a part of the proceeds of said sales; that Barnes & Dickinson, at the time of suit instituted,…
2Cases cited4 opinions
- McCoy v. . LassiterSupreme Court of North Carolina · 1886
- White v. MartinSupreme Court of Alabama · 1834
- Gaither v. . BallewSupreme Court of North Carolina · 1857
- Brickhouse v. BrickhouseSupreme Court of North Carolina · 1850
3Cited by4 opinions
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- Castelloe v. . JenkinsSupreme Court of North Carolina · 1923
- Davidhizar v. Elgin Forwarding Co.Oregon Supreme Court · 1918
- Buford v. MochySupreme Court of North Carolina · 1944