Hamilton v. . Benton
Supreme Court of North Carolina
Appeal by defendants from Qormor, J., at Fall Term, 1919, of Lee. Tbe defendant, J. 13. Benton, executed and delivered to defendant, J. J. Edwards, a .chattel mortgage on a printing press outfit, described in tbe record, to secure a certain note; afterwards Benton sold tbe mortgaged property to plaintiff, wbo agreed with Benton to assume and pay the Edwards mortgage. Edwards did not consent to this agreement.
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Appeal by defendants from Qormor, J., at Fall Term, 1919, of Lee. Tbe defendant, J. 13. Benton, executed and delivered to defendant, J. J. Edwards, a .chattel mortgage on a printing press outfit, described in tbe record, to secure a certain note; afterwards Benton sold tbe mortgaged property to plaintiff, wbo agreed with Benton to assume and pay the Edwards mortgage. Edwards did not consent to this agreement. Later plaintiff sold tbe mortgaged property to Mr. McNeeley, with, whom Edwards entered into a written agreement to extend the time fixed for payment of the debt, and to postpone…
1Opinion of the Court
Walker, J.,
after stating the case: We need only decide a few questions so as to eliminate the immaterial ones from the case, and thus simplify those really presented, on the merits, and material to the decision of the case.
First. The counterclaim of Benton for breach of contract by plaintiff Hamilton is inadmissible, and cannot be set up against the plaintiff’s cause of .action for the conversion or embezzlement of Benton as plaintiff’s agent. One is a tort, the embezzlement, and the other is a contract, that is, the assumption by plaintiff of the debt due by Benton to Edwards, which is…
2Cases cited15 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Redding v. Vogt.Supreme Court of North Carolina · 1906
- Smith v. Young Bros.Supreme Court of North Carolina · 1891
- Bazemore v. . BridgersSupreme Court of North Carolina · 1890
- Woodcock v. . BosticSupreme Court of North Carolina · 1896
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3Cited by4 opinions
- Farmers Co-Operative Fertilizer Co. v. EasonSupreme Court of North Carolina · 1927
- Gillman v. PurdyWashington Supreme Court · 1932
- Commercial Finance Co. v. HolderSupreme Court of North Carolina · 1952
- Cummer Lumber Co. v. Seminole Phosphate Co.Supreme Court of North Carolina · 1925