Springer v. . Sheets
Supreme Court of North Carolina
This was a motion to remove the canse to the Federal Court, upon petition of defendants (other than Mayo, trustee, and L. M. Herring and L. Hassel Lapp), heard before Armfield, J., at Pall Term, 1894, of Beaufort Superior Court.
Read the full summary
This was a motion to remove the canse to the Federal Court, upon petition of defendants (other than Mayo, trustee, and L. M. Herring and L. Hassel Lapp), heard before Armfield, J., at Pall Term, 1894, of Beaufort Superior Court. The complaint in the cause was as follows: “ 1. That for many years, beginning about 1875, and continuing till 1893, the defendants Howes & Sheets, and those whom they succeeded in business, and these plaintiffs, have had large business dealings together, the plaintiffs shipping to the said defendants and their predecessors in business, as commission merchants, for…
1Opinion of the Court
Avery, J.:
The plaintiffs could have brought and maintained in the State Courts any one of these suits growing out of the transactions covered by the complaint:
1. They might have filed their complaint against the trustee Mayo and his cestuis que trust, asking an account or an adjudication of the amount of their claims and a sale to satisfy them, and pay over any balance to the plaintiffs, acting on the assumption that the older mortgage debts were satisfied.
2. They might have instituted an action against the first mortgagees solely for the purpose of effecting a settlement and having the Court…
2Cases cited6 opinions
- Wilson v. Oswego TownshipSupreme Court of the United States · 1894
- Fidelity Insurance v. HuntingtonSupreme Court of the United States · 1886
- Brown v. TrousdaleSupreme Court of the United States · 1891
- Hinson v. . AdrianSupreme Court of North Carolina · 1882
- Jones, Lee & Co. v. BrittonSupreme Court of North Carolina · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Broadway Ins. v. Chicago G. W. Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1900
- Springer v. HowesU.S. Circuit Court for the District of Eastern North Carolina · 1895