Legal Opinion

Empire Drill Co. v. . Allison

Supreme Court of North Carolina

Decided February 5, 1886PublishedCited by 7 opinions

Civil ACTION, pending in the Superior Court of Iredell ■county, heard by consent, by MctcRae, Judge, on a case agreed, at Chambers in Salisbury, on February 18th, 1886. The plaintiffs brought this action to recover thirteen Empire Grain Drills, which they allege they had deposited with Baker Woods, merchants in the town of Statesville, as their agents, to be sold for and on account of the plaintiffs, under and in pursuance of the agreement, whereof the following is a copy,…

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Civil ACTION, pending in the Superior Court of Iredell ■county, heard by consent, by MctcRae, Judge, on a case agreed, at Chambers in Salisbury, on February 18th, 1886. The plaintiffs brought this action to recover thirteen Empire Grain Drills, which they allege they had deposited with Baker Woods, merchants in the town of Statesville, as their agents, to be sold for and on account of the plaintiffs, under and in pursuance of the agreement, whereof the following is a copy, which •drills, the defendant, as sheriff, seized as the property of James B. Woods, successor in business to Baker &…

1Opinion of the Court

MerriMON, J.,

(after stating the facts). The statute, (The Code, §1275), provides, that “all conditional sales of personal property, in which the title is retained by the bargainor, shall be reduced to writing, and registered in the same manner, for the same fees, and with the same legal effect, as is provided for chattel mortgages.”

Prior to the time when this statute became operative, “conditional sales” of persona] property, that is, sales, whether the contract of sale was reduced to writing or not, in which it was stipulated, that although the property agreed to he sold, was placed in the…

2Cases cited1 opinion

  1. McDowell v. LockhartSupreme Court of North Carolina · 1885

3Cited by7 opinions

  1. Lance v. Butler.Supreme Court of North Carolina · 1904
  2. M. & J. Finance Corp. v. HodgesSupreme Court of North Carolina · 1949
  3. Kornegay v. . KornegaySupreme Court of North Carolina · 1891
  4. Millhiser v. . ErdmanSupreme Court of North Carolina · 1887
  5. Chemical Co. v. Edwards.Supreme Court of North Carolina · 1904

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