Frank v. Robinson & Holt
Supreme Court of North Carolina
Motion to continue an injunction to the hearing, made in civil action in the nature of a creditor’s bill, pending in the Superior Court of Vanoe county, heard by Connor, Judge, at Chambers, in Henderson, on March 30, 1886. The defendants J. I. Robinson and George Holt, as partners of the mercantile firm of Robinson & Holt, becoming largely indebted in carrying on their business, on March 17th, 1886, conveyed by deed “ their stock of goods in the store of Mr. Alley, estimated…
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Motion to continue an injunction to the hearing, made in civil action in the nature of a creditor’s bill, pending in the Superior Court of Vanoe county, heard by Connor, Judge, at Chambers, in Henderson, on March 30, 1886. The defendants J. I. Robinson and George Holt, as partners of the mercantile firm of Robinson & Holt, becoming largely indebted in carrying on their business, on March 17th, 1886, conveyed by deed “ their stock of goods in the store of Mr. Alley, estimated to be of the value of $4,000, more or less, and credits,” with a reservation of the constitutional exemption of $500 to…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). The provision in the deed which requires the employment of the assignors, debtors, by the trustee, in disposing of the goods, and the payment for the services of eacli at the rate of $50 per month, while we are not prepared to say it vitiates and avoids the conveyance, is so unusual and so obviously for their benefit, while in detriment to the trust fund, that it furnishes evidence of a fraudulent intent, proper, with other facts attending the transaction, to be submitted to a jury.
As the removal of the goods by the non-resident claimant, unless the…
2Cases cited1 opinion
- Dawson Bank v. HarrisSupreme Court of North Carolina · 1881
3Cited by7 opinions
- DeLacy v. Hurst, Purnell & Co.Supreme Court of Georgia · 1889
- Bobbitt v. . RodwellSupreme Court of North Carolina · 1890
- Woodall v. North Carolina Joint Stock Land Bank of DurhamSupreme Court of North Carolina · 1931
- Eigenbrun v. SmithSupreme Court of North Carolina · 1887
- Cribb & Co. v. Bagley & RiversSupreme Court of Georgia · 1889
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