North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Том 140Nichols & Gorman, book and job printers, 1905 Cases argued and determined in the Supreme Court of North Carolina. |
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Страница 1
... Payment of Money - Transfer of Property - Creditor's Knowledge of Preference — Agent's Knowledge . 1. Issues arise upon the pleadings and not upon evidential facts . All that is requisite is that the court shall submit issues in such ...
... Payment of Money - Transfer of Property - Creditor's Knowledge of Preference — Agent's Knowledge . 1. Issues arise upon the pleadings and not upon evidential facts . All that is requisite is that the court shall submit issues in such ...
Страница 2
... payment to his father , was the latter's general financial agent , and that he practically paid himself for his father , it fol- lows that his personal knowledge of his own utter insolvency is imputable to his principal and that the ...
... payment to his father , was the latter's general financial agent , and that he practically paid himself for his father , it fol- lows that his personal knowledge of his own utter insolvency is imputable to his principal and that the ...
Страница 3
... payment was to hinder , delay and defraud his creditors . The defendant , administrator of John F. Cotten , denied the several material allegations of the complaint , but admitted that the $ 3,000 was paid to John F. Cotten by C. L. ...
... payment was to hinder , delay and defraud his creditors . The defendant , administrator of John F. Cotten , denied the several material allegations of the complaint , but admitted that the $ 3,000 was paid to John F. Cotten by C. L. ...
Страница 4
... payment by a debtor to one creditor of a greater percentage of his debt than he is able to pay to all other creditors of the same class , and ( b ) the same section denounces the penalty imposed on the giving of a preference to be that ...
... payment by a debtor to one creditor of a greater percentage of his debt than he is able to pay to all other creditors of the same class , and ( b ) the same section denounces the penalty imposed on the giving of a preference to be that ...
Страница 5
... payment is an irresistible conclusion from the evi- dence . His indebtedness amounted to from $ 12,000 to $ 16 , - 000 , and his assets , " exclusive of property transferred or conveyed in fraud of creditors , " amounted to $ 13,000 ...
... payment is an irresistible conclusion from the evi- dence . His indebtedness amounted to from $ 12,000 to $ 16 , - 000 , and his assets , " exclusive of property transferred or conveyed in fraud of creditors , " amounted to $ 13,000 ...
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adverse possession Affirmed agent alleged Alston amount answer applied bank Brown called cause of action charge claim clerk complaint Constitution contract contributory negligence COTTON MILLS counsel County court of equity coverture damages December 12 deed defendant excepted defendant's dence district docket duty election engine entitled equity error evidence tending execution facts fendant fraud grant heard by Judge held Honor husband injury instructed the jury intestate issue judgment jury justice land lien look and listen Lumber matter ment misjoinder motion nonsuit November 28 opinion paid parties payment person petition plain plaintiff pleadings poll tax possession proper purpose question Railroad reason recover refused register of deeds registered rule says statute submitted sufficient Superior Court supra sustained tending to show testimony tiff timber tion track tract train trespass trial trustees verdict voter wife
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Страница 476 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.
Страница 115 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Страница 504 - ... the failure to observe, for the protection of the interests of another person, that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury.
Страница 586 - But the allegation of new matter in the answer, not relating to a counter-claim or set-off, or of new matter in a reply, is to be deemed controverted by the adverse party as upon a direct denial or avoidance, as the case may require.
Страница 327 - The market value of property is the price which it will bring when it is offered for sale by one who desires, but is not obliged, to sell it, and is bought by one who is under no necessity of having it.
Страница 498 - If granted for public purposes exclusively, they belong to the corporate body in its public, political, or municipal character. But if the grant was for purposes of private advantage and emolument, though the public may derive a common benefit therefrom, the corporation, quoad hoc, is to be regarded as a private company. It stands on the same footing as would any individual or body of persons upon whom the like special franchises had been conferred.
Страница 136 - So if a man gives another a cuff on the ear, though it cost him nothing, no not so much as a little diachylon, yet he shall have his action, for it is a personal injury. So a man shall have an action against another, for riding over his ground, though it do him no damage : for it is an invasion of his property, and the other has no right to come there; and in these cases the action is brought vi et armis.
Страница 133 - By multifariousness in a bill is meant the improperly joining in one bill distinct and independent matters, and thereby confounding them; as, for example, the uniting in one bill of several matters, perfectly distinct and unconnected, against one defendant, or the demand of several matters of a distinct and independent nature against several defendants in the same bill.
Страница 48 - States, that the measure of damages is the difference between the contract price and the market value of the...
Страница 302 - If the facts and circumstances before the officer are such as to warrant a man of prudence and caution in believing that the offense has been committed, it is sufficient.