Kiger v. . Harmon
Supreme Court of North Carolina
Action of claim and delivery to recover certain personal property mortgaged to plaintiff by defendant, heard at May Term, 1893, of Forsyth Superior Court, before Boykin, J. The plaintiff, in deference to the opinion of his Honor that the action was premature, submitted to a nonsuit and appealed. The facts necessary to an understanding of the decision of the Court are sufficiently adverted to in the opinion of Associate Justice Clark.
1Opinion of the Court
Clark, J.:
Though the note sued on purports to be due one day after date, the mortgage and contemporaneous agreement contains a stipulation that it shall be paid in installments of ten dollars per month. Upon the trial the plaintiff was permitted, without objection, to amend so as to allege and prove that the agreement was to pay ten dollars per week. The note and mortgage must be construed together and as making one contract. With the amendment allowed (if the jury should find there was such-a mistake as to justify correcting the mortgage) the weekly installments of ten dollars, beginning…
2Cases cited9 opinions
- Capehart v. . DettrickSupreme Court of North Carolina · 1884
- Rogers v. . MooreSupreme Court of North Carolina · 1882
- Noville v. . DewSupreme Court of North Carolina · 1886
- Finley v. . HayesSupreme Court of North Carolina · 1879
- McMillan v. . EdwardsSupreme Court of North Carolina · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hocutt v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- Gore v. . DavisSupreme Court of North Carolina · 1899
- Andrews Music Store, Inc. v. BooneSupreme Court of North Carolina · 1929
- Kitchin v. . GrandySupreme Court of North Carolina · 1888