Gallup & Co. v. Rozier
Supreme Court of North Carolina
Civil actioN tried before Daniels,■ J., and a jury, at May Term, 1916, of CUMBERLAND. The record sbows that plaintiff brought this action in the court of a justice of the peace to recover of defendant J. B. Rozier a debt of $151.56 for goods sold and delivered, and sued out an attachment which was on 27 September, 1915, levied on certain personal property of defendant, being the stock of goods and machinery in bis garage at Fayette-ville.
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Civil actioN tried before Daniels,■ J., and a jury, at May Term, 1916, of CUMBERLAND. The record sbows that plaintiff brought this action in the court of a justice of the peace to recover of defendant J. B. Rozier a debt of $151.56 for goods sold and delivered, and sued out an attachment which was on 27 September, 1915, levied on certain personal property of defendant, being the stock of goods and machinery in bis garage at Fayette-ville. N. 0. Defendant on 17 September, 1915, bad agreed to sell tbe stock ,of goods in bulk to W. W. and T. H. Sutton, wbo were partners and as sucb owned and…
1Opinion of the Court
WalKer, J.,
after stating the case: There was an error in the charge to the jury which was prejudicial to the plaintiff. They were instructed that if the defendant J. B. Sutton, in making the sale of the stock in bulk, had not complied with the provisions of the statute the sale was prima facie fraudulent, whereas the statute declares that it shall be void. The jury may have found that he had not complied with the statute, and as the question then would be, under the instruction, if there was fraud in the transaction, with the prima facie presumption that there was, the jury might have found…
2Cases cited5 opinions
- Sweeney v. ErvingSupreme Court of the United States · 1913
- Stewart v. Carpet Co.Supreme Court of North Carolina · 1905
- Maynard v. BuckMassachusetts Supreme Judicial Court · 1868
- Davies v. MillerSupreme Court of the United States · 1889
- Pennell v. . RobinsonSupreme Court of North Carolina · 1913
3Cited by14 opinions
- Stewart v. . Carpet Co.Supreme Court of North Carolina · 1905
- Swift Co. v. . TempelosSupreme Court of North Carolina · 1919
- Utilities Com. v. . Coach Co.Supreme Court of North Carolina · 1940
- State v. RobinsonOregon Supreme Court · 1927
- Raleigh Tire & Rubber Co. v. MorrisSupreme Court of North Carolina · 1921
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