J. L. Smathers & Co. v. Toxaway Hotel Co.
Supreme Court of North Carolina
Appeal by plaintiff and intervenor from Harding, Jat February Term, 1914, of Bukcombe. This action was brought by the plaintiffs to set aside as fraudulent a bill of sale made by the Toxaway Hotel Company to R. A. Jacobs, conveying certain personal property, and a deed off trust executed by Jacobs to the Wachovia Bank and Trust Company to secure the purchase-money notes given for the personal property described in the bill of sale, the same being a stock of goods and certain…
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Appeal by plaintiff and intervenor from Harding, Jat February Term, 1914, of Bukcombe. This action was brought by the plaintiffs to set aside as fraudulent a bill of sale made by the Toxaway Hotel Company to R. A. Jacobs, conveying certain personal property, and a deed off trust executed by Jacobs to the Wachovia Bank and Trust Company to secure the purchase-money notes given for the personal property described in the bill of sale, the same being a stock of goods and certain cattle, horses, farming utensils, and so forth. The deed of trust and notes referred to were dated 13 November, 1906..…
1Opinion of the Court
APPEAL OP PLAINTIFF.
Walker, J.,
after stating tbe case: First exception. Tbe judge properly refused to submit tbe first and second issues tendered by plaintiffs, because they bad already been answered at a previous term. They merely related to tbe indebtedness of tbe Toxaway Hotel Company to plaintiffs and tbe fraudulent character of tbe notes, deed of tbe Hotel Company to Jacobs, and tbe latter’s deed of trust to tbe Wachovia Bank and Trust Company. Tbe two issues already answered could have been referred to in tbe argument of counsel to tbe jury, if desired, and we presume they exercised…
2Cases cited16 opinions
- Dawson Bank v. HarrisSupreme Court of North Carolina · 1881
- M'Dermutt v. StrongNew York Court of Chancery · 1820
- State v. . KingSupreme Court of North Carolina · 1882
- American National Bank v. FountainSupreme Court of North Carolina · 1908
- Tyson v. Joyner.Supreme Court of North Carolina · 1905
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