Thomas v. Carteret County
Supreme Court of North Carolina
Appeal from Horton, J., at June Term, 1921, of Oabteeet. Action to determine tbe extent of plaintiffs’ liability on a certain note and mortgage, executed and delivered to Thomas Thomas, and by him given as security to the county of Carteret.
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Appeal from Horton, J., at June Term, 1921, of Oabteeet. Action to determine tbe extent of plaintiffs’ liability on a certain note and mortgage, executed and delivered to Thomas Thomas, and by him given as security to the county of Carteret. A brief history of this litigation is set out in the judgment of the Superior Court, entered at the June Term, 1921: “Tbis cause coming on to be beard before J. Lloyd Horton, J., and a jury, and it appearing to tbe court that at tbe June Term, 1920, of said court, tbis cause bad been tried before bis Honor, Connor, J., and a jury, and at said term tbe…
1Opinion of the CourtGlare, C. J.
Tbe ease at bar bas been tried twice in tbe Superior Court, and tbis is tbe second appeal bere. Former opinion reported in 180 N. C., 109. It is doubtful if tbe allegations of tbe complaint and tbe wording of tbe 8tb issue, by correct interpretation, amount to a charge and finding tbat plaintiffs note and mortgage were not intended to take effect absolutely and unconditionally at tbe time of tbeir delivery. It was only upon tbe allegation of a conditional delivery tbat plaintiffs were permitted to sbow tbe “understanding and agreement” upon wbicb tbe note and mortgage were “taken and…
2Cases cited27 opinions
- Ware v. AllenSupreme Court of the United States · 1888
- Gaylord v. GaylordSupreme Court of North Carolina · 1909
- Wilson v. PowersMassachusetts Supreme Judicial Court · 1881
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- Moffitt v. . ManessSupreme Court of North Carolina · 1889
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