Southern Commission Co. v. Porter
Supreme Court of North Carolina
Civil action tried, before Timberlake, J., and a jury at Special (July) Term, 1891, of the Superior Court of Buncombe county. The purpose of the action was to have a deed of assignment made by H. C. Davidson, as surviving partner of Davidson & Sherrill, to William Y. Porter, set aside and declared null and void for the reasons hereinafter stated.
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Civil action tried, before Timberlake, J., and a jury at Special (July) Term, 1891, of the Superior Court of Buncombe county. The purpose of the action was to have a deed of assignment made by H. C. Davidson, as surviving partner of Davidson & Sherrill, to William Y. Porter, set aside and declared null and void for the reasons hereinafter stated. It was admitted on the trial: 1. That before the beginning of this action and prior to the execution of the deed of assignment herein referred to, the defendant, H. C. Davidson, and 0. L. Sherrill, the intestate of defendant, M. C. Sherrill, had been…
1Opinion of the Court
Furches, J.:
The defendant, Davidson, and one Sherrill were partners doing business as merchants at Swannanoa, in Buncombe county. The partnership became utterly insolvent, Sherrill died and the defendant, Davidson, made an assignment of all the partnership effects to the defendant Porter. This assignment was made on the 16th October, 1896, in which it is provided that Porter shall, at once, take possession of the goods and partnership effects; that he have the right to employ clerks and servants, and to buy and replenish the stock of goods, and out of the proceeds to pay the debts of the…
2Cases cited9 opinions
- Hinshaw v. Raleigh & Augusta Air Line R. R.Supreme Court of North Carolina · 1896
- Woodruff v. . BowlesSupreme Court of North Carolina · 1889
- State Ex Rel. Hewlett v. NuttSupreme Court of North Carolina · 1878
- Boyd v. . ReddSupreme Court of North Carolina · 1896
- Strauss v. . FrederickSupreme Court of North Carolina · 1884
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