Singer Sewing Machine Co. v. Burger
Supreme Court of North Carolina
Appeal by plaintiff from Bryson, J., at June Term, 1920, of CHEROKEE. Civil action commenced in the Superior Court to recover a horse, plaintiff claiming under what is in substance a mortgage, executed by -the defendant to secure the purchase price, on which there was a balance due of $37. The defendant denied the right to recover, pleaded payment, and alleged that the plaintiff was indebted to him in the sum of $193 due by contract for feed of another horse, and commissions…
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Appeal by plaintiff from Bryson, J., at June Term, 1920, of CHEROKEE. Civil action commenced in the Superior Court to recover a horse, plaintiff claiming under what is in substance a mortgage, executed by -the defendant to secure the purchase price, on which there was a balance due of $37. The defendant denied the right to recover, pleaded payment, and alleged that the plaintiff was indebted to him in the sum of $193 due by contract for feed of another horse, and commissions for services while acting as plaintiff’s agent. The plaintiff demurred to the allegations of indebtedness in -the…
1Opinion of the CourtStacy, J.
In actions to recover personal property the jurisdiction of the Superior Court is concurrent with that of a justice of the peace when the value of the property does not exceed $50 (C. S., 1474), and exclusive when the property in controversy is worth more than that sum. Houser v. Bonsal, 149 N. C., 51; Noville v. Dew, 94 N. C., 44.
The Superior Court also has jurisdiction of actions to foreclose a mortgage, although the debt secured is less than $200, because “the action is not founded on the contract merely, but on an equity growing out of the relation of mortgagor and mortgagee to have the…
2Cases cited28 opinions
- In Re DebsSupreme Court of the United States · 1895
- Rhyne v. . LipscombeSupreme Court of North Carolina · 1898
- State v. Lytle.Supreme Court of North Carolina · 1905
- Hurst, Miller & Co. v. EverettSupreme Court of North Carolina · 1884
- Robeson v. . HodgesSupreme Court of North Carolina · 1890
23 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Terry Trading Corp. v. BarskyCalifornia Supreme Court · 1930
- Burton v. DixonSupreme Court of North Carolina · 1963
- State v. NormanSupreme Court of North Carolina · 1953
- Puffer v. . LucasSupreme Court of North Carolina · 1893
- Wiggins v. . GuthrieSupreme Court of North Carolina · 1888
3 more not listed; retrieve them via the Exa API.