Legal Opinion

Rheinstein Ex Rel. Freeburg v. Bixby

Supreme Court of North Carolina

Decided February 5, 1885PublishedCited by 2 opinions

Motion for an injunction and receiver, in a case pending in Mecklenburg Superior Court, heard by 8hipp, Judge, at Chambers. His Honor refused the motion, and the plaintiffs appealed.

1Opinion of the CourtSmith, C. J.

The defendants, Bixby & Katz, on July 10th, 1883, purchased from the other defendant, Kendrick, his stock of spiritous liquors, wines, and the like, with the bar-room fixtures, for the sum of $4,500; whereof they paid in money $1,000 and gave their notes in different sums and maturing at different periods in-the future, the last, of $1500, on the first day of January thereafter.

To secure the deferred payments, they at the same time recon-veyed the goods to the vendor by deed of mortgage, with the usual proviso, for' the mortgagee to repossess himself of the goods, and make sale of them upon…

2Cases cited1 opinion

  1. L. Levenson & Co. v. ElsonSupreme Court of North Carolina · 1883

3Cited by2 opinions

  1. Pearce Brothers & Co. v. ElwellSupreme Court of North Carolina · 1895
  2. Roberts v. . LewaldSupreme Court of North Carolina · 1890

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