Standard Dry-Kiln Co. v. Ellington
Supreme Court of North Carolina
Civil actioN tried before Connor, J., at March Term, 1916, of Wake. This is an action to recover certain property alleged to be wrongfully held by the defendant, and for damages for its deterioration and detention. On 11 February, 1911, the plaintiff sold, under a conditional sale contract, to the Ellington Building Supply Company the property in question. The Ellington Building Supply Company was composed of E. E. Ellington, W.. E. Ellington, and D. D. Ellington.
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Civil actioN tried before Connor, J., at March Term, 1916, of Wake. This is an action to recover certain property alleged to be wrongfully held by the defendant, and for damages for its deterioration and detention. On 11 February, 1911, the plaintiff sold, under a conditional sale contract, to the Ellington Building Supply Company the property in question. The Ellington Building Supply Company was composed of E. E. Ellington, W.. E. Ellington, and D. D. Ellington. The defendant was not a member of this firm. The conditional sale contract was never registered. On 23 June, 1910, the Ellington…
1Opinion of the Court
AíleN, J.
The two positions upon which the defendant chiefly relies are:
1. That the personal property sold by the plaintiff to the Supply Company, in which the title was retained by an unregistered condi tional sale agreement, passed to tbe defendant under bis mortgage covering after-acquired property, wbicb was executed and registered prior to tbe conditional sale of tbe personal property.
2. Tbat if tbis position is not sustained, tbe right of action of tbe plaintiff is barred by tbe statute of limitations.
If either of these positions can be sustained, tbe plaintiff cannot recover; but if tbe…
2Cases cited9 opinions
- United States v. New Orleans RailroadSupreme Court of the United States · 1871
- Smith v. GugertyNew York Supreme Court · 1848
- Parker v. . BanksSupreme Court of North Carolina · 1878
- Robertson v. . DunnSupreme Court of North Carolina · 1882
- Hickson Lumber Co. v. Gay Lumber Co.Supreme Court of North Carolina · 1909
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