Legal Opinion

Burbank v. . Wiley

Supreme Court of North Carolina

Decided June 5, 1878PublishedCited by 1 opinion

Bill in Equity beard at December Special Term, 1877, of Beautokt Superior Court, before Schenok, J. This was a suit instituted in 1867, in the late Court of Equity and subsequently referred to E. S. Hoyt who found, that the plaintiffs and one Morris were engaged in the sale of drugs and medicines.

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Bill in Equity beard at December Special Term, 1877, of Beautokt Superior Court, before Schenok, J. This was a suit instituted in 1867, in the late Court of Equity and subsequently referred to E. S. Hoyt who found, that the plaintiffs and one Morris were engaged in the sale of drugs and medicines. In March, 1866, they sold their entire stock to Henry 0. Morris, A. J. Mock and S. H. Wiley for $6,000. Morris bought one half of the goods and gave plaintiffs a note and mortgage on his share of the stock to secure half of said sum. Mock and Wiley bought one fourth each of the goods and paid…

1Opinion of the Court

Read®, J.

Without entering into the consideration of the question as to the operation of the mortgage deed of Morris upon the effects of the partnership of Morris & Co. acquired after the execution of the deed, in regard to which the facts are not ascertained, it may be declared that the effect of the deed was to convey to the plaintiffs all the interest of Morris, in the effects of the partnership of Morris & Co., as one of the partners at the time of the conveyance, and at the subsequent sale of the effects of Morris & Co. to Roberts & Co; Take that to be so, then one half of the net amount…

2Cases cited1 opinion

  1. W. R. S. Burbank v. . S. H. WileySupreme Court of North Carolina · 1872

3Cited by1 opinion

  1. Daniel v. . CrowellSupreme Court of North Carolina · 1899

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