A. Blanton Grocery Co. v. Taylor
Supreme Court of North Carolina
Appeal by defendant from Ferguson, J., at December Special Term, 1912, of Ruthekeokd. Tbis is an-action to recover a stock of goods, tbe plaintiffs claiming ownership under a chattel mortgage executed by the defendant J. W. Taylor, on 25 -January, 1910, to secure a note of $100 due 3 March, 1910, in the form prescribed by section 1039 of the Revisal.
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Appeal by defendant from Ferguson, J., at December Special Term, 1912, of Ruthekeokd. Tbis is an-action to recover a stock of goods, tbe plaintiffs claiming ownership under a chattel mortgage executed by the defendant J. W. Taylor, on 25 -January, 1910, to secure a note of $100 due 3 March, 1910, in the form prescribed by section 1039 of the Revisal. The defendants are J. ~W. Taylor and J. O. Hampton, the latter claiming under a general assignment to secure creditors, executed to him by the said Taylor. The plaintiffs alleged, among other things, “if as a matter of law the said mortgage does…
1Opinion of the CourtAllen, J.
' The issue of fraud is raised by the pleadings, and if there was any evidence justifying an answer thereto favorable to the defendants, it was error to refuse to submit it.
If we were dealing with any other class of property than a stock of goods, or if it was necessary in this case to prove a corrupt and fraudulent intent, we would hold there was no such evidence, as there is nothing-in the evidence suggesting that the plaintiffs had any unlawful or wrong purpose, but the character of the property and the admitted facts are such that there arose a presumption of a legal fraud, which the…
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