Legal Opinion

Frick Co. v. . Hilliard

Supreme Court of North Carolina

Decided October 5, 1886PublishedCited by 11 opinions

This was a civil ACTION, tried before Shepherd, Judge, and a jury, at Spring Term, 1886, of Halifax Superior Court, upon the following ease agreed, to-wit: 1. That some time in April, 1878, the plaintiffs, who are manufacturers of machinery, boilers, engines, etc., agreed to sell unto one L. G. Estes, and his wife, Julia W. Estes, residing in the county of Edgecombe, North Carolina, at a price agreed on between them, and on the terms and stipulations contained in the notes,…

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This was a civil ACTION, tried before Shepherd, Judge, and a jury, at Spring Term, 1886, of Halifax Superior Court, upon the following ease agreed, to-wit: 1. That some time in April, 1878, the plaintiffs, who are manufacturers of machinery, boilers, engines, etc., agreed to sell unto one L. G. Estes, and his wife, Julia W. Estes, residing in the county of Edgecombe, North Carolina, at a price agreed on between them, and on the terms and stipulations contained in the notes, hereinafter set out, one 12 horse power “Eclipse” engine and boiler, manufactured by the plaintiffs, and Estes and wife…

1Opinion of the CourtAsHjE, J.

(after stating the facts). We have had a good many cases before this Court, involving questions like that presented by the record in this case, and there has been some conflict in these decisions, which we find it difficult to reconcile. There seems to be a distinction recognized hy this Court, where a note is given for the price of personal property purchased, and there is in the note a stipulation that the property which is the subject of the contract, shall he a security for the payment of the note, whether the title of the property is retained by the vendor, or parted with, by the terms…

2Cases cited3 opinions

  1. Langdon v. BuelNew York Supreme Court · 1832
  2. Clayton v. . HesterSupreme Court of North Carolina · 1879
  3. Vasser v. J. A. Buxton & Co.Supreme Court of North Carolina · 1882

3Cited by11 opinions

  1. McDaniel v. ChiaramonteOregon Supreme Court · 1912
  2. State Ex Rel. Pate v. OliverSupreme Court of North Carolina · 1889
  3. Tufts v. . GriffinSupreme Court of North Carolina · 1890
  4. Comron v. . StandlandSupreme Court of North Carolina · 1889
  5. Commercial Investment Trust v. Albemarle Motor Co.Supreme Court of North Carolina · 1927

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