First National Bank v. Fries
Supreme Court of North Carolina
Civil action tried at Spring Term, 1897, of Rowan Superior Court before Starbuch, J., and a jury. The facts appear in the opinion.
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Civil action tried at Spring Term, 1897, of Rowan Superior Court before Starbuch, J., and a jury. The facts appear in the opinion. The issues submitted to the jury and the responses thereto were as follows: “1. Was the deed described in the complaint delivered, with the consent of Mrs. Fries, by the Central Land Company, or any person for them, to be held by bank in escrow until the note was paid? Answer. ‘Yes.’ “2. Was the deed described in the complaint delivered by the Central Land Company to the plaintiff upon an agreement with the defendant, W. A. Fries, professing to act as the agent of…
1Opinion of the Court
Furches, J.:
The defendants W. A. Fries and wife, Oarrie M. Fries, contracted with The Central Land Company to purchase a vacant lot of land in East Salisbury. By agreement of parties the title to this lot was to be made to the feme defendant. And for the purpose of borrowing-money from the plaintiff, it was agreed b.y the parties that this deed should be deposited by The Land Company with the -plaintiff as collateral security for the payment of the money, which the plaintiff agreed to furnish the defendants to be used in building a house on said lot. The deed was so deposited and the…
2Cases cited3 opinions
- Farthing v. . ShieldsSupreme Court of North Carolina · 1890
- Shelton v. . SheltonSupreme Court of North Carolina · 1859
- Sherrod v. . DixonSupreme Court of North Carolina · 1897
3Cited by2 opinions
- Ball v. Paquin.Supreme Court of North Carolina · 1905
- Gaylord v. GaylordSupreme Court of North Carolina · 1909