Legal Opinion

McConnaughey v. . Chambers

Supreme Court of North Carolina

Decided January 5, 1870PublishedCited by 1 opinion

Motion, to set one judgment off against another, heard by Cloud, J., at Fall Term 1869 of Bowan Court. The plaintiff, as surviving partner of the firm of J. J. & J. A. McOonnaughey, had obtained judgment, upon a note given in 1857, for $ 1,278.86 &c., against the defendant Chambers at the above term; and at the same term, the defendant Fraley, as trustee of Chambers, for the purpose of paying debts, had recovered judgment, upon a note given in 1863, for $1,756.00 &c., in the…

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Motion, to set one judgment off against another, heard by Cloud, J., at Fall Term 1869 of Bowan Court. The plaintiff, as surviving partner of the firm of J. J. & J. A. McOonnaughey, had obtained judgment, upon a note given in 1857, for $ 1,278.86 &c., against the defendant Chambers at the above term; and at the same term, the defendant Fraley, as trustee of Chambers, for the purpose of paying debts, had recovered judgment, upon a note given in 1863, for $1,756.00 &c., in the name of Chambers, to his use, against several parties, of whom the plaintiff, personally, and as an executor of J. J.…

1Opinion of the CourtPeajrson, C. J.

In the absence of an agreement between the parties, that the one debt should he applied to the discharge of the other, we can see no principle of law upon which the Court can make the application, to the prejudice of thi/rd persons. The question is narrowed to this: At the time Chambers executed the deed of trust to Fraley, did McOonnaughey have any lien or any equity which attached to this debt, so as to make it against conscience for Chambers to appropriate the debt to the benefit of other creditors, to the exclusion of McOonnaughey ?

The case is simply this : A holds a note on B ; B holds a…

2Cited by1 opinion

  1. Martin v. . RichardsonSupreme Court of North Carolina · 1873

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