Legal Opinion

Cox v. New Bern Lighting & Fuel Co.

Supreme Court of North Carolina

Decided March 16, 1910PublishedCited by 7 opinions

Appeal from Guión, J., Fall Term, 1909, of Chaven, by S. W. Smallwood and Cruse-Kemper Company. Tbe facts are stated in tbe opinion of tbe Court.

1Opinion of the CourtClark, C. J.

In June, 1906, S. ~W. Smallwood sold bis gas plant in New Bern to tbe defendant company, receiving therefor $60,000 in first-mortgage bonds secured upon tbe property conveyed. In May, 1908, tbe plaintiff applied for a receiver against said company. Among tbe debts proven was that of tbe appellant Cruse-Kemper Company, tbe facts in regard to whose claim, as found by tbe judge, are as follows: Tbe Lighting Company contracted with tbe Cruse-Kemper Company of Philadelphia for a gas-holder for its plant, for tbe sum of $6,000, delivered and installed in New Bern. Tbe gas-holder was delivered and…

2Cases cited4 opinions

  1. Traders National Bank v. Lawrence M'f'g Co.Supreme Court of North Carolina · 1887
  2. Lester v. . HoustonSupreme Court of North Carolina · 1888
  3. Moore v. . Industrial Co.Supreme Court of North Carolina · 1905
  4. Cheesborough v. Sanatorium.Supreme Court of North Carolina · 1904

3Cited by7 opinions

  1. Basham v. Goodholm & Sparrow Inv. Co.Supreme Court of Oklahoma · 1915
  2. Merrill v. BartonSupreme Court of South Carolina · 1967
  3. Pittman v. GallowayCourt of Appeals of South Carolina · 1984
  4. Reece v. LangleyCourt of Appeals of Texas · 1921
  5. R. L. Snelson & Co. v. R. G. Hill & Co.Supreme Court of North Carolina · 1929

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