Legal Opinion

McDougall v. . Crapon

Supreme Court of North Carolina

Decided October 5, 1886PublishedCited by 13 opinions

Civil ACTION, tried before Connor, Judge, at Jan nary Term, 1886, of New HaNOVER Superior Court. The defendant Crapon sent his wagon to the plaintiff’s shop for repairs, which were made, and the vehicle returned to the •owner on January 13th, 1883. The charge for repairs was in materials used, three dollars, and for labor performed twelve •dollars.

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Civil ACTION, tried before Connor, Judge, at Jan nary Term, 1886, of New HaNOVER Superior Court. The defendant Crapon sent his wagon to the plaintiff’s shop for repairs, which were made, and the vehicle returned to the •owner on January 13th, 1883. The charge for repairs was in materials used, three dollars, and for labor performed twelve •dollars. Having possession, the said Crapon ten days thereafter, made a general assignment of his property for the benefit of •creditors, including the wagon, to the defendant Ricaud, to whom it was delivered. On January 29th, 1883, the plaintiff filed his…

1Opinion of the CourtSmith, C. J.

(after stating the facts). In determining the question presented, it becomes necessary to examine the statute in regard to liens, since it is plain that the lien given by the common law in cases like the present, is extinguished by the voluntary return to the owner, of the goods to which it adheres while' possession is retained. The lien is inseparable .from possession,, and the surrender of the article is a surrender of the lien. King v. Canal Co., 11 Cush., 231; Baily v. Quint, 22 Verm., 474.

But withholding possession does not satisfy the debt, and was available only as a form of distress…

2Cases cited1 opinion

  1. Bailey v. QuintSupreme Court of Vermont · 1850

3Cited by13 opinions

  1. Caldwell v. Auto Sales & Supply Co.Court of Appeals of Texas · 1913
  2. Maxton Auto Co. v. RuddSupreme Court of North Carolina · 1918
  3. Reich v. . TriplettSupreme Court of North Carolina · 1930
  4. Barbre-Askew Finance, Inc. v. ThompsonSupreme Court of North Carolina · 1957
  5. Block v. . DowdSupreme Court of North Carolina · 1897

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