Godwin v. Murchison National Bank
Supreme Court of North Carolina
Civil actioN, tried before Jones, J., and a jury, at February Term, 1907, of the Superior Court of HaRNett County. Tbe action was brought by the trustees in the matter of E. E. Young, bankrupt, to recover the interest of the bankrupt’s estate in $4,500 of Norfolk city bonds, said interest amounting to $3,150, as shown by the verdict, and under claim and allegation on the part of the trustees that the said bonds were transferred to defendant bank under circumstances which…
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Civil actioN, tried before Jones, J., and a jury, at February Term, 1907, of the Superior Court of HaRNett County. Tbe action was brought by the trustees in the matter of E. E. Young, bankrupt, to recover the interest of the bankrupt’s estate in $4,500 of Norfolk city bonds, said interest amounting to $3,150, as shown by the verdict, and under claim and allegation on the part of the trustees that the said bonds were transferred to defendant bank under circumstances which made such transfer a voidable preference under the Bankruptcy Act, by reason of same having been made within four months…
1Opinion of the Court
IioKE, J.,
after stating tbe case: Tbe verdict "of tbe jury on tbe fifth and sixth issues was as follows:
“5. Hid tbe defendant E. E. Young, in December, 1903, agree verbally with tbe defendant bank to transfer to said bank tbe Norfolk city bonds of $4,500 if said defendant bank would loan tbe said E. E. Young for Merchants and Farmers Bank $10,000 and tbe South Dunn Manufacturing Company $10,000, and did tbe defendant bank make said loans as agreed ? Answer: Yes.
“6. Did E. F. Young, in furtherance of tbe agreement of December, 1903, execute tbe paper-writing of 9 February, 1904? Answer: Yes.”
An…
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