Ellett v. Newman
Supreme Court of North Carolina
This was a civil action pending in the Superior Court of Halifax county, and was heard before Avery, Judge, upon motion for an injunction and a receiver, at Chambers, on the 5th day of March, 1884. The plaintiffs, to-wit: Ellett, Drewry & Co., Watkins, Cot-trell & Co., Slater, Myers & Co., A. Oppenheimer, George Gibson, Jr., and W. M. Parrish, allege that during the year 1883, they each sold and delivered to the firm of P. Newman & Co., at Enfield in Halifax county, divers…
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This was a civil action pending in the Superior Court of Halifax county, and was heard before Avery, Judge, upon motion for an injunction and a receiver, at Chambers, on the 5th day of March, 1884. The plaintiffs, to-wit: Ellett, Drewry & Co., Watkins, Cot-trell & Co., Slater, Myers & Co., A. Oppenheimer, George Gibson, Jr., and W. M. Parrish, allege that during the year 1883, they each sold and delivered to the firm of P. Newman & Co., at Enfield in Halifax county, divers goods, wares and merchandise, for none of which has payment been made; that about the year 1878, the defendant Charles…
1Opinion of the CourtMekrimon, J.
We see no reason prompting us to disturb the findings of fact by the Judge at Chambers. They are substantially correct and fully warranted by the evidence.
It appears sufficiently for the decision of the matter before us, that the plaintiffs have a cause of action, that they sue in good faith, their purpose is not merely vexatious, and that there is reasonable ground to apprehend that the goods involved in the action may be disposed of fraudulently before it shall be tried upon its merits, and in such way as to render any judgment that may be obtained against the defendants, or any of them,…
2Cases cited3 opinions
- L. Levenson & Co. v. ElsonSupreme Court of North Carolina · 1883
- B B. Craycroff & Co. v. MoreheadSupreme Court of North Carolina · 1872
- Morris v. . WillardSupreme Court of North Carolina · 1881
3Cited by4 opinions
- Summit Silk Co. v. Kinston Spinning Co.Supreme Court of North Carolina · 1911
- Tobacco Growers Co-Operative Ass'n v. BattleSupreme Court of North Carolina · 1924
- Silk Co. v. . Spinning Co.Supreme Court of North Carolina · 1911
- Engstrum v. Union Gas Engine Co.Supreme Court of North Carolina · 1922