Manufacturers' Finance Co. v. Amazon Cotton Mills Co.
Supreme Court of North Carolina
Appeal by plaintiffs from Webb, J., August Term, 1921, of DavidsoN. This is an action to recover the balance due on sale of a motor truck, and for the possession of the truck, title to which was retained as security. The purchaser, who is insolvent, having sold the truck to his codefendant, the cotton mills, the only defense set up is by said cotton mills that the acknowledgment to the contract retaining title is insufficient. The court so held, and plaintiffs appealed.
1Opinion of the CourtClakk, C. J.
The sufficiency of the acknowledgment to the conditional sale retaining the title to the truck is the sole question. The instrument is full and in regular form in all respects, and was registered at the time the sale was made, as was required. C. S., 3312. Said contract begins with the heading “State of North Carolina, county of Davidson,” and specifically stipulates “The title to said property is to remain in the vendor until the notes are fully paid.” It is signed by the purchaser under seal, and has this acknowledgment:
“Signed, sealed and delivered in the presence of . Subscribed and sworn…
2Cases cited4 opinions
- Quinnerly v. . QuinnerlySupreme Court of North Carolina · 1894
- Starke v. . EtheridgeSupreme Court of North Carolina · 1874
- Devereux v. . McMahonSupreme Court of North Carolina · 1889
- Lockville Power Corp. v. Carolina Power & Light Co.Supreme Court of North Carolina · 1915
3Cited by9 opinions
- Wayne Building & Loan Co. v. HooverOhio Supreme Court · 1967
- Freeman v. . MorrisonSupreme Court of North Carolina · 1938
- McClure v. . CrowSupreme Court of North Carolina · 1929
- Copeland v. DabbsSupreme Court of Alabama · 1930
- Finance Co. v. . Cotton Mills Co.Supreme Court of North Carolina · 1924
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