Legal Opinion

D. B. Brisco & Co. v. Norris

Supreme Court of North Carolina

Decided February 5, 1893PublishedCited by 9 opinions

Civil ACTION, tried at Spring Term, 1892, of McDowell Superior Court, before Grams, J. There was evidence that at the time the merchandise, on which the notes set out in the record were based, was purchased by the defendants, J. F. Norris, Benjamin Aldridge and W. C. Walsh were partners trading under the firm name of J. F. Norris & Co., in the town of Elk Park, Mitchell county, N. C.; that the notes were executed, after repeated extensions of time, for overdue bills of…

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Civil ACTION, tried at Spring Term, 1892, of McDowell Superior Court, before Grams, J. There was evidence that at the time the merchandise, on which the notes set out in the record were based, was purchased by the defendants, J. F. Norris, Benjamin Aldridge and W. C. Walsh were partners trading under the firm name of J. F. Norris & Co., in the town of Elk Park, Mitchell county, N. C.; that the notes were executed, after repeated extensions of time, for overdue bills of merchandise sold and delivered to the defendants as J. F. Norris & Co. Exception, 1. The Court ruled that no recovery could…

1Opinion of the Court

Bun well, J.: The jury have found that the land conveyed to his wife by Benjamin Aldridge by his deed of July 10, 1889, was purchased with her separate estate and moneys, and the title was put in him by consent of his wife upon an agreement then made that he would convey said land to her when requested. Upon this state of facts the husband held the land as trustee for the wife (Lyon v. Akin, 78 N. C., 258; Kirkpatrick v. Holmes, 108 N. C., 206), and her rights in it were in effect the same before the execution of the deed, which is alleged to have been made with fraudulent intent, as they…

2Cases cited3 opinions

  1. Lyon v. . AkinSupreme Court of North Carolina · 1878
  2. Tinsley v. . HoskinsSupreme Court of North Carolina · 1892
  3. Kirkpatrick v. HolmesSupreme Court of North Carolina · 1891

3Cited by9 opinions

  1. Stillwell Enterprises, Inc. v. Interstate Equipment Co.Supreme Court of North Carolina · 1980
  2. Farmers' State Bank of Ada v. KeenSupreme Court of Oklahoma · 1917
  3. Turner v. . BogerSupreme Court of North Carolina · 1900
  4. Tyndall v. . TyndallSupreme Court of North Carolina · 1923
  5. Exchange Bank v. Apalachian Land & Lumber Co.Supreme Court of North Carolina · 1901

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