Merritt v. Kitchin
Supreme Court of North Carolina
Civil actioN, tried before Allen, J., and a jury at April Term, 1897, of Person7 Superior Court. There was judgment for the plaintiff and defendant appealed. The facts appear in the opinion.
1Opinion of the Court
MONTGOMERY, J.:
Barrett bought the interest of his former partner, A. J. Mitchell, in the stock of goods and credits of *149the firm, took possession and executed a deed of trust to W. W. Kitchin to secure the deferred payments of the purchase price. The deed provided that if default should be made in the payment of the instalments the trustee was to take possession, sell the goods and apply the proceeds as required by the deed. Default having been made, the trustee sold the property — that which was left over after the sales made by Barrett, while he was in possession. Among the articles ■sold by…
2Cases cited2 opinions
- Spivey v. . GrantSupreme Court of North Carolina · 1887
- Kelly v. . FlemingSupreme Court of North Carolina · 1893
3Cited by3 opinions
- Whitehurst v. GarrettSupreme Court of North Carolina · 1928
- Atlantic Discount Corp. v. YoungSupreme Court of North Carolina · 1944
- Whitehurst v. . GarrettSupreme Court of North Carolina · 1928