Bank of New Hanover v. Adrian
Supreme Court of North Carolina
On February 27, 1893, Adrian & Toilers executed their notes to the Bank of New Hanover in the sum of $90,000, payable three years after date, bearing four per cent, interest, payable quarterly; and on the same day executed a mortgage to secure the payment of said sum, which was registered June 19, 1893, the day on which said bank closed its doors and ceased to do business.
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On February 27, 1893, Adrian & Toilers executed their notes to the Bank of New Hanover in the sum of $90,000, payable three years after date, bearing four per cent, interest, payable quarterly; and on the same day executed a mortgage to secure the payment of said sum, which was registered June 19, 1893, the day on which said bank closed its doors and ceased to do business. On June 20th, 1893, said Adrian & Tollers made an« assignment to the defendant, E. K. Bryan, in trust for their creditors, conveying all their property, including the property described in said mortgage deed. On June 19th,…
1Opinion of the Court
Faieoloth, C. J.:
It is conceded that ordinarily a court of equity will not interfere between parties to a covinous agreement but will leave them to their strict legal remedies; also, as it has been held that either party in pari delicto may by complaint, answer or proof, bring to the attention of the Court any fraudulent transaction to prevent the other from recovering the fruits of such transaction. Turner v. Eford, 5 Jones Eq., 106, and subsequent cases. Cur view is that in such cases a court of equity will stay its hand and leave the parties where they are to exercise their rights as they…
2Cases cited5 opinions
- State v. . BeversSupreme Court of North Carolina · 1882
- York v. . MerrittSupreme Court of North Carolina · 1877
- York v. . MerrittSupreme Court of North Carolina · 1879
- Triplett v. . WitherspoonSupreme Court of North Carolina · 1876
- Brookover v. HurstCourt of Appeals of Kentucky · 1859
3Cited by6 opinions
- State v. EarleySupreme Court of Kansas · 1925
- State v. Peterson.Supreme Court of North Carolina · 1901
- French v. . RichardsonSupreme Court of North Carolina · 1914
- Robinson v. . WilloughbySupreme Court of North Carolina · 1874
- Triplett v. . WitherspoonSupreme Court of North Carolina · 1874
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