Bristol v. . Pearson
Supreme Court of North Carolina
This was a civil actioN, heard rypon exceptions to report of a referee to whom the same was referred, before Bynum, J., at Chambers, in Morganton, N. C., on the 28th day of March, 1890. The action was brought to have a sale of certain property assigned for the benefit of creditors, and in order thereto to have the rights of all parties settled.
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This was a civil actioN, heard rypon exceptions to report of a referee to whom the same was referred, before Bynum, J., at Chambers, in Morganton, N. C., on the 28th day of March, 1890. The action was brought to have a sale of certain property assigned for the benefit of creditors, and in order thereto to have the rights of all parties settled. In order thereto, Brem & McDowell, of Charlotte, who claimed title to a certain shaper and collars, were made parties defendant, and set up their answer, claiming title under a conditional sale executed on the 5th day of February, 1889. The other facts…
1Opinion of the Court
Shepherd, J.:
Brem & McDowell sold a certain shaping-machine to Robertson, and, under the terms of the contract of sale (which was registered), the title was to remain in the former until the latter had paid the purchase-money.
The sum of $58.33 was paid in cash, and afterwards two simple promissory notes were given by the vendee for the balance of the purchase money. Thereupon the vendors executed the following receipt:
“Received of J. W. Robertson $175, in full payment of shaping-machine and bits, payments made as follows: $58 33 cash, and two notes of $58.33, payable August 17th, 1889, and…
2Cases cited1 opinion
- Denny v. SteaklyTennessee Supreme Court · 1870
3Cited by3 opinions
- Joyner v. StancillSupreme Court of North Carolina · 1891
- Joyner v. . StancillSupreme Court of North Carolina · 1891
- Willis v. . BranchSupreme Court of North Carolina · 1886