Vick v. . Smith
Supreme Court of North Carolina
Civil ActioN for Claim and Delivery, tried at Fall Term, 1879, of Cumberland Superior Court, before Seymour,. J. The opinion states the facts. The matter in controversy was, whether the mortgage had- been discharged. Yerdict and judgment for defendants, appeal by plaintiffs.
1Opinion of the CourtSmith, C. J.
On June 10, 1874, the defendants executed their note to the plaintiffs in the sum of $600 for money loaned to pay the purchase money of certain articles of personal property, for the possession of which the action is; brought, and to secure the debt, on the same day, by mortgage deed conveyed the same to the plaintiffs. Some months' thereafter, a new note for the same sum and without an endorser, was given by the defendants to the plaintiffs, and’ the first cancelled. The plaintiffs were commission merchants and kept a running account with the defendants of their mutual dealings, and there…
2Cases cited5 opinions
- Hyman v. . Devereux and OthersSupreme Court of North Carolina · 1869
- Kidder v. . McIlhennySupreme Court of North Carolina · 1879
- Boyden v. President of the BankSupreme Court of North Carolina · 1871
- Jos. W. Jenkins & Co. v. BealSupreme Court of North Carolina · 1874
- Jenkins Co. v. . Smith and SmithSupreme Court of North Carolina · 1875
3Cited by12 opinions
- Stone Co. v. RichSupreme Court of North Carolina · 1912
- Bobbitt v. . StantonSupreme Court of North Carolina · 1897
- B. Blanton & Co. v. BosticSupreme Court of North Carolina · 1900
- Long v. . MillerSupreme Court of North Carolina · 1885
- Wilson v. PickeringMontana Supreme Court · 1903
7 more not listed; retrieve them via the Exa API.