Legal Opinion

Liberty Manufacturing Co. v. Malloy

Supreme Court of North Carolina

Decided June 8, 1940PublishedCited by 7 opinions

1Opinion of the CourtBarnhill, J.

There was no present consideration for the execution of the chattel mortgage and note secured thereby. It was executed and delivered as additional security to the notes secured by the trust deed as is indicated upon its face. Witness for plaintiff so testified: “When he gave the chattel mortgage he owed the money. He already had the consideration for the chattel mortgage. We asked for additional security on what he already had. He gave the additional security because we asked for it. There was no additional consideration. We did not give him anything additional for it. When Mr. Malloy…

2Cases cited5 opinions

  1. Walker v. . MebaneSupreme Court of North Carolina · 1884
  2. Blake v. . BroughtonSupreme Court of North Carolina · 1890
  3. Saleeby v. . BrownSupreme Court of North Carolina · 1925
  4. Ballard v. . WilliamsSupreme Court of North Carolina · 1886
  5. Elliott v. WyattSupreme Court of North Carolina · 1876

3Cited by7 opinions

  1. Manufacturing Co. v. . Building Co.Supreme Court of North Carolina · 1919
  2. Gregg v. WilliamsonSupreme Court of North Carolina · 1957
  3. OFFISS, Inc. v. First Union National BankCourt of Appeals of North Carolina · 2002
  4. Beneficial Mortgage Co. of North Carolina, Inc. v. Barrington & Jones Law Firm, P.A.Court of Appeals of North Carolina · 2004
  5. Monte Enterprises, Inc. v. KavanaughCourt of Appeals of North Carolina · 1983

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