Legal Opinion

Smith v. French.

Supreme Court of North Carolina

Decided March 27, 1906PublishedCited by 33 opinions

ActioN by R. L. Smith & Oo. against E. J. Erench, heard by Judge Henry B. Bryan and a jury, at the November Term, 1905, of the Superior Court of Chaven. Plaintiff, holding a chattel mortgage on certain personal property of defendant, a crop, a horse, etc., to secure a debt in the stun of $150, brought this action of claim and delivery for the property, and the same was taken under process in the cause and turned over to plaintiff.

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ActioN by R. L. Smith & Oo. against E. J. Erench, heard by Judge Henry B. Bryan and a jury, at the November Term, 1905, of the Superior Court of Chaven. Plaintiff, holding a chattel mortgage on certain personal property of defendant, a crop, a horse, etc., to secure a debt in the stun of $150, brought this action of claim and delivery for the property, and the same was taken under process in the cause and turned over to plaintiff. At the time of action brought, the note was past due and the right of foreclosure had become absolute. The note is not set out, but the amount seems to be admitted…

1Opinion of the Court

PLAINTIFF'S APPEAL. Plaintiff, holding a chattel mortgage on certain personal property of defendant, a crop, a horse, etc., to secure a debt in the sum of $150, brought this action of claim and delivery for the property, and the same was taken under process in the cause and turned over to plaintiff. At the time of action brought, the note was past due and the right of foreclosure had become absolute. The note is not set out, but the amount seems to be admitted by the parties and is assumed to be $150, for the purpose of this appeal.

Plaintiff filed his complaint alleging ownership of the…

2Cases cited2 opinions

  1. Moore v. . HurttSupreme Court of North Carolina · 1899
  2. Buffkins v. . EasonSupreme Court of North Carolina · 1893

3Cited by33 opinions

  1. Cameron v. CameronSupreme Court of North Carolina · 1952
  2. Burton v. DixonSupreme Court of North Carolina · 1963
  3. Hancammon v. . CarrSupreme Court of North Carolina · 1948
  4. STANDARD AMUSEMENT COMPANY v. TarkingtonSupreme Court of North Carolina · 1958
  5. Manufacturers & Jobbers Finance Corp. v. LaneSupreme Court of North Carolina · 1942

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