Observer Co. v. . Little
Supreme Court of North Carolina
Civil actioN beard on case agreed before Cline, J., at May Term, 1917, of MeckleNbuRG. On tbe bearing it was made to appear tbat in August, 1916, S. J. Holland sold to tbe Reid Livery Company a pair of borses for $390 and no part of same bad been paid; tbat in January, 1917, tbe plaintiff, Tbe Charlotte Observer, sold to Reid Livery Company an auto truck for $650, and there bad been paid thereon the sum of $136.15, leaving a balance due of $513.85; tbat tbe property was…
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Civil actioN beard on case agreed before Cline, J., at May Term, 1917, of MeckleNbuRG. On tbe bearing it was made to appear tbat in August, 1916, S. J. Holland sold to tbe Reid Livery Company a pair of borses for $390 and no part of same bad been paid; tbat in January, 1917, tbe plaintiff, Tbe Charlotte Observer, sold to Reid Livery Company an auto truck for $650, and there bad been paid thereon the sum of $136.15, leaving a balance due of $513.85; tbat tbe property was passed to tbe Reid Livery Company by written agreement in which title was retained in tbe respective vendors till tbe entire…
1Opinion of the Court
Hoke, J.,
after stating the case: Our statute, Revisal, sec. 982, provides, in effect, that “no deed of trust nor mortgage for real or personal estate shall be valid at law to pass any property as against creditors or purchasers for a valuable consideration from the donor, bargainor or mortgagor, but from the registration of the same,” etc. And section 983, “That all conditional sales of personal property in which the title is. retained by the bargainor shall be reduced to writing and registered in the same manner, for the same fees and with the same legal effect as is provided for chattel…
2Cases cited11 opinions
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Porter v. . Williams and ClarkNew York Court of Appeals · 1853
- Farmers' Loan & Trust Co. v. Minneapolis Engine & Machine WorksSupreme Court of Minnesota · 1886
- Butts v. . ScrewsSupreme Court of North Carolina · 1886
- McDowell v. LockhartSupreme Court of North Carolina · 1885
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- Community Credit Co. of Lenoir, Inc. v. NorwoodSupreme Court of North Carolina · 1962
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