Howard v. Central Tobacco Warehouse Co.
Supreme Court of North Carolina
Civil ACTION, in the nature of a bill in equity, heard upon demurrer by Brown, J., at a Superior Court of Edgecombe County, April Term, 1898. A decree is asked declaring null and void, as to the debt of plaintiffs, a judgment confessed by the Central Tobacco Warehouse Company in favor of the Pamlico Insurance and Banking Company, and for other relief, upon grounds set forth in the opinion filed.
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Civil ACTION, in the nature of a bill in equity, heard upon demurrer by Brown, J., at a Superior Court of Edgecombe County, April Term, 1898. A decree is asked declaring null and void, as to the debt of plaintiffs, a judgment confessed by the Central Tobacco Warehouse Company in favor of the Pamlico Insurance and Banking Company, and for other relief, upon grounds set forth in the opinion filed. The demurrer filed to the complaint was overruled by his Honor, and defendants appealed.
1Opinion of the Court
Eaircloth, C. J.:
We have this case: The defendant Warehouse Company was indebted to the plaintiff and also to the Pamlico Insurance and Banking Company by notes, with defendant Shackleford, as surety. The Warehouse Company being insolvent, confessed judgment to the Banking Company, Shackleford not being a party. The property of the Warehouse Company was sold by the sheriff and Shackleford became the purchaser. The judgment of the Banking Company was assigned to one Davis, and after the sale the unsatisfied part of the judgment was assigned to the defendant Shackleford. It is admitted that…
2Cases cited4 opinions
- Blalock v. Kernersville Manufacturing Co.Supreme Court of North Carolina · 1892
- Hill v. Pioneer Lumber Co.Supreme Court of North Carolina · 1893
- Thomson-Houston Electric Light Co. v. Henderson Electric Light Co.Supreme Court of North Carolina · 1895
- Langston v. Greenville Land & Improvement Co.Supreme Court of North Carolina · 1897
3Cited by1 opinion
- Graham v. Carr.Supreme Court of North Carolina · 1902