Legal Opinion

Preiss v. . Cohen

Supreme Court of North Carolina

Decided September 5, 1895PublishedCited by 6 opinions

This action was begun December, 1892. At May Term, 1894, of CbayeN Superior Court, it came oil for trial, upon complaint and answer as filed, before J. F. Graves, Judge, and a jury.

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This action was begun December, 1892. At May Term, 1894, of CbayeN Superior Court, it came oil for trial, upon complaint and answer as filed, before J. F. Graves, Judge, and a jury. The following issues were tendered by plaintiffs, declined by the defendants, and overruled, by the Judge: “1. What was the value of the goods set apart to E. Cohen as his personal property exemption ? “2. Was the sale of said goods set apart made with intent to defraud, delay or hinder the creditors of E. Cohen ? “8. Did defendant Sol Cohen have notice of such intent ? “4. Was the deed of assignment by E. Cohen…

1Opinion of the Court

Faircloth, C. J.:

This is a creditor’s bill heard upon complaint and answer. The complaint alleges that defendant E. Cohen assigned his stock of goods on November 21, 1892, to defendant H. Donnenberg, with intent to defraud, delay and hinder his creditors, the plaintiffs. It also alleges that he purchased goods, &c., from the several plaintiffs, upon fraudulent misrepresentations. These several allegations are denied by the answer of defendants, except that they admit the purchases and the amounts due each plaintiff as alleged. At May term, 1891, the plaintiffs tendered an issue as to the…

2Cases cited4 opinions

  1. Pasour v. . LinebergerSupreme Court of North Carolina · 1884
  2. Wingo v. . HooperSupreme Court of North Carolina · 1887
  3. Aaron Claflin & Co. v. UnderwoodSupreme Court of North Carolina · 1876
  4. H. M. Houston & Co. v. WalshSupreme Court of North Carolina · 1878

3Cited by6 opinions

  1. Ledford v. EmersonSupreme Court of North Carolina · 1906
  2. McKinney Ex Rel. McKinney v. PattersonSupreme Court of North Carolina · 1917
  3. Stewart v. . BryanSupreme Court of North Carolina · 1897
  4. Bare v. . ThackerSupreme Court of North Carolina · 1925
  5. Ledford v. . EmersonSupreme Court of North Carolina · 1906

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