Brown & Co. v. Nimocks
Supreme Court of North Carolina
Civil Agtiow upon a money demand, accompanied with proceeding in attachment, tried before Bynum, J.,- at November Term, 1898, of the Superior Court of CumbeblaNl County. There was no dispute about the debt.
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Civil Agtiow upon a money demand, accompanied with proceeding in attachment, tried before Bynum, J.,- at November Term, 1898, of the Superior Court of CumbeblaNl County. There was no dispute about the debt. The question was as to the validity of the attachment, and that turned upon the legality of the deed of assignment from R. M. Nimocks to W. S. Cook, especially in reference to the sufficiency of' the schedule of preferred debts filed by Nimocks; as to this-the following issue was submitted: Was a duly sworn schedule of preference filed by defendant Nimocks in the office of the Clerk of…
1Opinion of the CourtDouglas, J.
The main object of this action is to set aside an assignment made by the defendant Nimocks to the defendant Oook, on account of an alleged defective schedule of preferred debts; and in the present status of the case this seems the only question necessary for our consideration. The issues were submitted and answered as follows:
1. Is the defendant Nimocks indebted to the plaintiff Drown & Co. (incorporated) by virtue of the deposit made in trust with him by it, and if so in what sum ? Ans Tes; $1,242.68 and interest on $1,225 from August 6, 1891.
2. Was a sworn schedule of preferences filed by…
2Cases cited4 opinions
- National Bank of Greensboro v. GilmerSupreme Court of North Carolina · 1895
- National Bank of Greensboro v. GilmerSupreme Court of North Carolina · 1895
- Cooper v. . McKinnonSupreme Court of North Carolina · 1898
- Doe on Demise of Brannock v. BrannockSupreme Court of North Carolina · 1849
3Cited by14 opinions
- Odom v. . ClarkSupreme Court of North Carolina · 1908
- Powell Bros. v. McMullan Lumber Co.Supreme Court of North Carolina · 1910
- Cowan v. DaleSupreme Court of North Carolina · 1925
- Cowan v. . DaleSupreme Court of North Carolina · 1925
- Bank v. . GilmerSupreme Court of North Carolina · 1895
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