Legal Opinion

Harvey Blair & Co. v. Brown

Supreme Court of North Carolina

Decided February 15, 1895PublishedCited by 5 opinions

DEFENDANT’S APPEAL. Civil aotioN, in the nature of a creditor’s bill, tried at December Term, 1894, of Moore Superior Court, before Armfield, Judge.

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DEFENDANT’S APPEAL. Civil aotioN, in the nature of a creditor’s bill, tried at December Term, 1894, of Moore Superior Court, before Armfield, Judge. On the 26tb of November, 1890, the defendant, L. T. Brown, a merchant residing in Moore County, executed a paper writing purporting to be an assignment of his goods, wares, credits, etc., to the defendant S. D. Jones, to secure the payment of a sum of $5,500 to the said S. D. Jones, and then all outstanding claims against the assignor, naming some of them. The debtor reserved to himself $500, as his personal property exemption, and provided for…

1Opinion of the CourtMontgomery, J.

(after stating the facts as above): During the progress of the trial the plaintiffs introduced evidence tending to show that the deed of assignment from Brown to Jones was preferred and executed on the 21st day of November, 1890, and withheld from record till the morning of the 27th of November, 1890, and that after the execution of' said deed, and before the recording thereof, the assignor Brown executed and delivered' to one J. M. Monger the following power of attorney :

“This is to certify that John M. Monger is our agent to contract for us for the purchase of goods, collect all amounts due…

2Cases cited3 opinions

  1. Oregon Steamship Co. v. . OtisNew York Court of Appeals · 1885
  2. Smith v. EastonCourt of Appeals of Maryland · 1880
  3. Morris v. . PearsonSupreme Court of North Carolina · 1878

3Cited by5 opinions

  1. Mahoney-Jones Co. v. OsborneSupreme Court of North Carolina · 1925
  2. State v. . DavisSupreme Court of North Carolina · 1919
  3. Buchanan v. . HeddenSupreme Court of North Carolina · 1915
  4. Greene v. A. F. Mesick Grocery Co.Supreme Court of North Carolina · 1912
  5. City National Bank v. BridgersSupreme Court of North Carolina · 1901

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