Smith v. French.
Supreme Court of North Carolina
ActioN by R. L. Smith & Oo. against E. J. Erench, heard by Judge Henry B. Bryan and a jury, at the November Term, 1905, of the Superior Court of Chaven. Plaintiff, holding a chattel mortgage on certain personal property of defendant, a crop, a horse, etc., to secure a debt in the stun of $150, brought this action of claim and delivery for the property, and the same was taken under process in the cause and turned over to plaintiff.
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ActioN by R. L. Smith & Oo. against E. J. Erench, heard by Judge Henry B. Bryan and a jury, at the November Term, 1905, of the Superior Court of Chaven. Plaintiff, holding a chattel mortgage on certain personal property of defendant, a crop, a horse, etc., to secure a debt in the stun of $150, brought this action of claim and delivery for the property, and the same was taken under process in the cause and turned over to plaintiff. At the time of action brought, the note was past due and the right of foreclosure had become absolute. The note is not set out, but the amount seems to be admitted…
1Opinion
Defendant, having filed an answer admitting plaintiff's right to possession of the property, under the mortgage to secure the debt of $150, answered further and alleged that there had been seized and turned over to plaintiff, under the process in the cause, property to the value of $700, which had been converted and wasted by the plaintiff, and tendered an issue as to the value of the property seized, to the end that defendant might have payment for any excess over and above plaintiff's debt. The court declined to submit the issue, confined the verdict to an issue as to a demand by the…
2Cases cited22 opinions
- Hurst, Miller & Co. v. EverettSupreme Court of North Carolina · 1884
- A. D. Puffer & Sons Manufacturing Co. v. LucasSupreme Court of North Carolina · 1893
- Kramer v. Thomson-Houston Electric Light Co.Supreme Court of North Carolina · 1886
- Bitting v. . ThaxtonSupreme Court of North Carolina · 1875
- Wilson v. . HughesSupreme Court of North Carolina · 1886
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