Bank v. Levy.
Supreme Court of North Carolina
Actiost by Piedmont Savings Bank, Trustee in Bankruptcy of N. D. Young & Go., against L. Levy, heard by Judge O. II. Allen, and a jury, at the August Term, 1904, of the Superior Court of Story County. This is an action by the plaintiff as trustee in bankruptcy of N. D. Young & Co. against the defendant for the recovery of possession of a stock of goods which the defendant had acquired from the bankrupt a short time prior to the bankruptcy.
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Actiost by Piedmont Savings Bank, Trustee in Bankruptcy of N. D. Young & Go., against L. Levy, heard by Judge O. II. Allen, and a jury, at the August Term, 1904, of the Superior Court of Story County. This is an action by the plaintiff as trustee in bankruptcy of N. D. Young & Co. against the defendant for the recovery of possession of a stock of goods which the defendant had acquired from the bankrupt a short time prior to the bankruptcy. Upon the trial below the court submitted the following issues: 1. Was tbe conveyance of tbe stock of goods from Yoking & Co. to Levy made with tbe intent…
1Opinion of the CourtBrown, J.
Upon the trial of this action the plaintiff, for the purpose of proving fraud on the part of the transfer-rers, N. D. Young & Oo.j as well as the transferee, the defendant, offered in evidence certain declarations of John A. Stone, which were admitted by the court upon the first issue, but excluded as evidence against the defendant on the second issue. As this was erroneous and necessitates a new trial, we will notice no other exception.
The entire evidence tended to prove that John A. Stone was the owner of tire business, goods and merchandise of Young & Co. at Pilot Mountain; that Young…
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