Legal Opinion · Dissent

Sanders v. Hamilton

Supreme Court of North Carolina

Decided February 2, 1951Published

1DissentBabNhill, J.

At the time the defendant made compromise settlement of the claim and delivery proceeding instituted on the chattel mortgage, the note secured thereby was more than ten years old. The note was for $400. Plaintiff testified it was given for $114.85, money advanced, and the balance was additional security for real estate notes. The plaintiff, in his complaint in the claim and delivery action, demanded interest on the debt. That demand has never been withdrawn. Nor, on this record, have the defendants ever been notified of his decision (appar*178ently made after be received tbe money) not to charge…

2Cases cited8 opinions

  1. Battle v. . BattleSupreme Court of North Carolina · 1895
  2. Cashmar-King Supply Co. v. Dowd & KingSupreme Court of North Carolina · 1907
  3. Hewlett v. . SchenckSupreme Court of North Carolina · 1880
  4. Saieed v. . AbeyounisSupreme Court of North Carolina · 1940
  5. Nance v. . HulinSupreme Court of North Carolina · 1926

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