Wall v. . Rothrock
Supreme Court of North Carolina
Civil ACTION, tried before Cline, J., and a jury, at February Term, 1916, of DavidsoN, upon these issues: 1. Is the deed of mortgage mentioned in the pleadings the act and deed of the Southmont Spoke, Hub and Handle Company, now bankrupt? Answer: “Yes.” 2*. Was the said Southmont Spoke, Hub and Handle Company at the time of the execution of said paper-writing insolvent and unable to pay its debts? Answer: “No.” 3. Was the said deed of mortgage executed with the fraudulent…
Read the full summary
Civil ACTION, tried before Cline, J., and a jury, at February Term, 1916, of DavidsoN, upon these issues: 1. Is the deed of mortgage mentioned in the pleadings the act and deed of the Southmont Spoke, Hub and Handle Company, now bankrupt? Answer: “Yes.” 2*. Was the said Southmont Spoke, Hub and Handle Company at the time of the execution of said paper-writing insolvent and unable to pay its debts? Answer: “No.” 3. Was the said deed of mortgage executed with the fraudulent purpose and intent to defeat the rights of other' creditors and unduly prefer the defendants? Answer: “No.” 4. What…
1Opinion of the CourtBeowN, J.
This action is brought by plaintiff as trustee in bankruptcy of the Southmont Spoke, Hub and Handle Company to set aside a mortgage made by the bankrupt to the two defendants, one of whom, Rothroek, was president, and both of whom were directors of the said •corporation. The mortgage is dated February, 1913, was recorded 15 January, 1914, and secures the defendants as indorsers of four notes of same date executed by tbe bankrupt to tbe Bank of Lexington for money loaned. Tbe plaintiffs have paid tbe notes and now seek to foreclose tbeir mortgage.
Plaintiff in apt time requested the following…
2Cases cited6 opinions
- Duke v. . MarkhamSupreme Court of North Carolina · 1890
- Cheatham v. . HawkinsSupreme Court of North Carolina · 1877
- Powell Bros. v. McMullan Lumber Co.Supreme Court of North Carolina · 1910
- Edwards v. Snow Hill Supply Co.Supreme Court of North Carolina · 1909
- Cowan v. . PhillipsSupreme Court of North Carolina · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Keener Lumber Co., Inc. v. PerryCourt of Appeals of North Carolina · 2002
- Caldwell v. . RobinsonSupreme Court of North Carolina · 1920
- Green River Manufacturing Co. v. BellSupreme Court of North Carolina · 1927
- Pittsburg Steel Co. v. Davidson Hardware Co.Supreme Court of North Carolina · 1918
- Eno Investment Co. v. Protective Chemicals Laboratory, Inc.Supreme Court of North Carolina · 1951
4 more not listed; retrieve them via the Exa API.