Thomas v. . Merrill
Supreme Court of North Carolina
Appeal by plaintiff from Connor, /.. at the June Term, 1915, of CaRteret. Civil action tried before Connor, Ja jury trial having been waived, and a case stated for the opinion and judgment of the court, which is as follows; 1. The plaintiff, Alonzo Thomas, was at the time of the institution of this action, and prior thereto, the owner in fee and in possession of a tract of land situated in Carteret County, upon which was standing, growing and lying certain timber trees. 2.…
Read the full summary
Appeal by plaintiff from Connor, /.. at the June Term, 1915, of CaRteret. Civil action tried before Connor, Ja jury trial having been waived, and a case stated for the opinion and judgment of the court, which is as follows; 1. The plaintiff, Alonzo Thomas, was at the time of the institution of this action, and prior thereto, the owner in fee and in possession of a tract of land situated in Carteret County, upon which was standing, growing and lying certain timber trees. 2. That prior to the institution of this action the’ plaintiff, Alonzo Thomas, entered into a contract with the Newport…
1Opinion of the Court
"WalKer, J.,
after stating the case: We are unable to see why the conclusion of Judge Gonnor, upon the facts stated, was not correct. The plaintiff was entitled to be paid by the Newport Lumber and Manufacturing Company the price of the timber, and conceding, for the sake of the discussion, that it could seize the logs for the purpose of securing the payment of this debt, it was, nevertheless, under an obligation to hold the logs for the defendant Merrill’s benefit as well as its own, if he had a lien on them for work and labor performed by him for the Newport Lumber and Manufacturing Company…
2Cases cited6 opinions
- Ives v. RailroadSupreme Court of North Carolina · 1906
- McDougall v. . CraponSupreme Court of North Carolina · 1886
- Arians v. BrickleyWisconsin Supreme Court · 1885
- Block v. . DowdSupreme Court of North Carolina · 1897
- Tedder v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Barbre-Askew Finance, Inc. v. ThompsonSupreme Court of North Carolina · 1957
- Hendricks v. HendricksSupreme Court of North Carolina · 1968
- Elk Creek Lumber Co. v. HambyCourt of Appeals for the Fourth Circuit · 1936
- Graves v. . DockerySupreme Court of North Carolina · 1931
- Hendricks v. HendricksSupreme Court of North Carolina · 1968