Bynum v. . Miller
Supreme Court of North Carolina
Civil ACTION tried at Spring Term, 1883, of Cleave-LAND Superior Court, before Shipp, J. This action was brought to recover a stock of goods or damages for the conversion of the same. The plaintiff proved ti demand and refusal, and the conversion was admitted; and lie claimed the goods under two chattel mortgages, executed by W. H. Miller, duly registered in Cleave-land county.
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Civil ACTION tried at Spring Term, 1883, of Cleave-LAND Superior Court, before Shipp, J. This action was brought to recover a stock of goods or damages for the conversion of the same. The plaintiff proved ti demand and refusal, and the conversion was admitted; and lie claimed the goods under two chattel mortgages, executed by W. H. Miller, duly registered in Cleave-land county. The plaintiff testified that under the mortgages the debts of Bynum & Miller had no,t been paid by the mortgagor, according to the provisions of said mortgages, though he had paid some of the debts. The plaintiff was…
1Opinion of the CourtAsi-ie, J.
The first exception taken to the ruling of His Honor in excluding the evidence as to the amount of the debts paid by the defendant, as His Honor held, was immaterial, and cannot be sustained.
But we think His Honor committed an error in the construction of the mortgages upon the point of agency.
The mortgagor in the deed of April 27th, 1878, conveyed all his right, title and interest in the stock of goods and any of the goods that may be bought by him, from time to time, to replenish the stock, &c. The plaintiff -by accepting the deed assented to this provision. The plaintiff then assented to…
2Cited by6 opinions
- A. Blanton Grocery Co. v. TaylorSupreme Court of North Carolina · 1913
- Atlantic Discount Corp. v. YoungSupreme Court of North Carolina · 1944
- R. R. v. . SimpkinsSupreme Court of North Carolina · 1919
- Southern Railway Co. v. W. A. Simpkins Co.Supreme Court of North Carolina · 1919
- Spokane Security Finance Corp. v. Fidelity & Deposit Co.Washington Supreme Court · 1935
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