Legal Opinion

Lane v. . Richardson

Supreme Court of North Carolina

Decided September 5, 1889PublishedCited by 7 opinions

Homestead — Personal Property Kxemptions — Assignment— Covenant — Damages. This was a civil action, tried before Bynum, J., at February Term, 1889, of Chatham Superior Court. The plaintiff declared on a note, under seal, executed to J. B. Harris by defendant Richardson on the 31st of March, 1887, for the sum of $500, with interest, at eight per cent., from date, payable one day after date.

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Homestead — Personal Property Kxemptions — Assignment— Covenant — Damages. This was a civil action, tried before Bynum, J., at February Term, 1889, of Chatham Superior Court. The plaintiff declared on a note, under seal, executed to J. B. Harris by defendant Richardson on the 31st of March, 1887, for the sum of $500, with interest, at eight per cent., from date, payable one day after date. This note was the balance due on the purchase money of a tract of land which had been assigned to Harris as a homestead, and which he had sold with covenants against incumbrances, <&c., to Lane. On this…

1Opinion of the Court

Shepherd, J

— after stating the case: When the payee Plarris endorsed the note sued upon to the plaintiff, it was past maturity, and the plaintiff took it “ without prejudice to any set-off, or other defence, existing at the time of the -assignment.” The Code, § 177.

At the time of the assignment, the defendant Richardson Rad become the owner of the Sikel & Hellen judgments against Harris, and these constitute a valid counter-claim against the plaintiff, unless he can show such circumstances as will except him from the general principles applicable to such a defence. McClenahan v. Cotten, 83 N.…

2Cases cited6 opinions

  1. Eaton v. LymanWisconsin Supreme Court · 1872
  2. Johnson v. CollinsMassachusetts Supreme Judicial Court · 1874
  3. Richard v. BentIllinois Supreme Court · 1871
  4. McClenahan v. . CottenSupreme Court of North Carolina · 1880
  5. Riddick v. . MooreSupreme Court of North Carolina · 1871

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Orange Brevard Plumbing & Heating Co. v. La CroixSupreme Court of Florida · 1962
  2. Vanstory v. ThorntonSupreme Court of North Carolina · 1893
  3. Vanstory v. . ThorntonSupreme Court of North Carolina · 1893
  4. Seymour v. WS BOYD SALES COMPANYSupreme Court of North Carolina · 1962
  5. Commissioner of Banks Ex El. Goldsboro Savings & Trust Co. v. YelvertonSupreme Court of North Carolina · 1933

2 more not listed; retrieve them via the Exa API.

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