Legal Opinion

Fleming v. . Davenport

Supreme Court of North Carolina

Decided February 5, 1895PublishedCited by 1 opinion

This was a. Civil aotioN, tried before Bynum, It was in evidence at the trial in the Superior Court that one Joseph Fleming made a general assignment on the 28th day of October, 1892, to Lunsford Fleming, the plaintiff in this action, and that he is suing as such trustee.

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This was a. Civil aotioN, tried before Bynum, It was in evidence at the trial in the Superior Court that one Joseph Fleming made a general assignment on the 28th day of October, 1892, to Lunsford Fleming, the plaintiff in this action, and that he is suing as such trustee. Among the property so assigned was the entire interest of the assignor in the crops of 1892, grown on his lands, no matter whether grown by himself or by his tenants, and also all accounts due said assignor. Among the tenants of said assignor for the year 1892 was one Lazarus .Daniel, and this controversy was about his crop.…

1Opinion of the Court

Furohes, J.:

This case is controlled by Ballard v. Johnson, 114 N. C., 141, and is so fully discussed there, we see no reason for discussing it in this case.

The defendant was entitled to bis second prayer for instructions to the jury.

The court declined to give these instructions, and this entitles the defendant to a new trial. And, as this substantially disposes of the matters controverted, we do not consider the other questions presented by the appeal. There is error.

N ew Trial.

2Cases cited1 opinion

  1. B. W. Ballard & Co. v. JohnsonSupreme Court of North Carolina · 1894

3Cited by1 opinion

  1. Brooks v. . GarrettSupreme Court of North Carolina · 1928

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