Voorhees v. Porter.
Supreme Court of North Carolina
Actiok by Voorbees, Miller & Company against J. A. Porter, beard by Judge E. B. Jones and a jury, at September Term, 1903, of tbe Superior Court of BuNCOmbe County.
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Actiok by Voorbees, Miller & Company against J. A. Porter, beard by Judge E. B. Jones and a jury, at September Term, 1903, of tbe Superior Court of BuNCOmbe County. Action to recover a debt due to tbe plaintiff by C.- D. Blanton, and for that purpose (1) to set aside an assignment by bim to J. D. Brevard alleged to be fraudulent; (2) to enforce a trust as to certain funds in the possession of Bre-vard under a contract with Blanton that he would pay the same to Blanton’s creditors, and (3) to recover against J. A. Porter and J. B. Bostic the amount of plaintiffs’ debt upon their covenant given…
1Opinion of the Court
Walxeb, J.,
after stating the case. It appears in the record that the Court below was of the opinion the plaintiffs could not recover because they were not in privity with the parties to the contract of December 30, 1902, by which Blan-ton conveyed his stock of goods to Brevard, and the plaintiffs therefore could not sue upon the contract, but were excluded from doing so by the rule laid down in Morehead v. Wriston, 13 N. C., 398, and Peacock v. Williams, 98 N. C., 324, and much of the argument in this Court was addressed to this feature of the case. It is also stated in the record that in the…
2Cases cited18 opinions
- Gorrell v. Greensboro Water Supply Co.Supreme Court of North Carolina · 1899
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- Town of Gastonia v. McEntee-Peterson Engineering Co.Supreme Court of North Carolina · 1902
- Cowan v. RobertsSupreme Court of North Carolina · 1904
- Shoaf v. Palatine InsuranceSupreme Court of North Carolina · 1900
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3Cited by57 opinions
- Hicks v. . Manufacturing Co.Supreme Court of North Carolina · 1905
- Morganton Manufacturing & Trading Co. v. AndrewsSupreme Court of North Carolina · 1914
- Clark v. Bonsal & Co.Supreme Court of North Carolina · 1911
- Baber v. HanieSupreme Court of North Carolina · 1913
- Peele v. PowellSupreme Court of North Carolina · 1911
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