Carolina Hardware Co. v. Raleigh Banking & Trust Co.
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at the February Term, 1915, of Wake. The above entitled action, with similar actions by J. C. G-rinnan .and Dorrence Terra Cotta Company, The Ealeigh Iron Works Company, Powell & Powell, Inc., and Young & Hughes, against the above •defendants, were pending in the Superior Court of Wake County, and, by a consent order, were consolidated in one action.
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Appeal by defendant from Daniels, J., at the February Term, 1915, of Wake. The above entitled action, with similar actions by J. C. G-rinnan .and Dorrence Terra Cotta Company, The Ealeigh Iron Works Company, Powell & Powell, Inc., and Young & Hughes, against the above •defendants, were pending in the Superior Court of Wake County, and, by a consent order, were consolidated in one action. The cause was referred to a referee, who took the evidence and made his report, stating his conclusions of fact and law. The plaintiffs filed exceptions thereto, and upon the hearing the Superior Court,…
1Opinion of the CourtBhowN, J.
These several actions, which have been consolidated and tried as one action, were brought to secure and enforce a lien for material furnished and used in the construction of the banking house of the defendant the Ealeigh Banking and Trust Company, in the city of Ealeigh, and to collect the sums due each of said plaintiffs therefor from said trust company.
Due notice, according to the statute, was given to withhold the sums claimed from the contract price for the construction of the building.
In his first report the referee finds that the trust company had overpaid the contractors, over and…
2Cases cited8 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Peanut Co. v. . R. R.Supreme Court of North Carolina · 1911
- Stith v. . JonesSupreme Court of North Carolina · 1896
- Erwin v. . LowerySupreme Court of North Carolina · 1870
- Hemphill v. MooreSupreme Court of North Carolina · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Collins v. North Carolina State Highway & Public Works CommissionSupreme Court of North Carolina · 1953
- Howell v. SmithSupreme Court of North Carolina · 1964
- Walston v. R. B. Whitley & Co.Supreme Court of North Carolina · 1946
- Holly Hill Lumber Co., Inc. v. McCoySupreme Court of South Carolina · 1942
- North Carolina Lumber Co. v. Spear Motor Co.Supreme Court of North Carolina · 1926
6 more not listed; retrieve them via the Exa API.