Armstrong v. . Carr
Supreme Court of North Carolina
This was a Civil ACTION instituted by the plaintiffs partnership creditors of Powell & Wharton to set aside an assignment for fraud, tried before Hoke, J., and a jury at December Term, 1894, of Guilford Superior court.
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This was a Civil ACTION instituted by the plaintiffs partnership creditors of Powell & Wharton to set aside an assignment for fraud, tried before Hoke, J., and a jury at December Term, 1894, of Guilford Superior court. It appeared from the pleadings and admissions of defendants and the evidence, that the assignment provided for the payment of certain individual indebtedness of each of the co-partners, to-wit: A debt of two thousand dollars due one W. D. Wharton as the individual debt of the defendant W. C. Wharton, and two debts, to-wit: For one thous- and and five hundred, and seven hundred…
1Opinion of the Court
MoNtgomeiíy, J.:
If upon the face of a deed of assign-' ment it appears manifestly that its execution was for the purpose of hindering and delaying creditors, and for the ease and advantage of the debtor, the Court may declare it void without the aid of a jury. The plaintiffs in this action insist that because, in the assignment made by the partners of the partnership property, there was a clause which secured certain debts due to creditors of the individuals composing the partnership, this Court should declare the deed void. That is, the only relief which the plaintiffs seek rests upon the…
2Cases cited2 opinions
- Allen & Co. v. GrissomSupreme Court of North Carolina · 1884
- Davis v. B. J. Smith & Co.Supreme Court of North Carolina · 1893