Amoskeag Manufacturing Co. v. Yadkin Cotton Mills, Inc.

Supreme Court of North Carolina

Amoskeag Manufacturing Co. v. Yadkin Cotton Mills, Inc.

156 S.E. 101, 200 N.C. 10, 1930 N.C. LEXIS 6

DecidedDecember 10, 1930

StatusPublished

This text of 156 S.E. 101 (Amoskeag Manufacturing Co. v. Yadkin Cotton Mills, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Amoskeag Manufacturing Co. v. Yadkin Cotton Mills, Inc., 156 S.E. 101, 200 N.C. 10, 1930 N.C. LEXIS 6 (N.C. 1930).

Pincite

Opinion

CONNOR, J.

On their appeal to this Court, plaintiffs assign as error the refusal of the trial court to hold, and adjudge that under the provisions of C. S., 1140, the property of the defendant, a corporation, conveyed by its deed of trust to secure its bondholders, prior to the commencement of these actions, was not exempt from sale under execution to satisfy the judgments rendered in favor of the plaintiffs and against the defendant on the cause of action alleged respectively in the complaints. This assignment of error cannot be sustained. Neither of these actions is to recover for labor and clerical services performed by the plaintiff for the defendant; nor is either to recover damages for k tort, committed by defendant whereby any person was killed or injured; nor is either' to recover damages for injuries to property, within the meaning of the statute. The cause of action alleged in each complaint is founded on contract. There is no error in the judgment. It is

Affirmed.

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CONNOR, J.

On their appeal to this Court, plaintiffs assign as error the refusal of the trial court to hold, and adjudge that under the provisions of C. S., 1140, the property of the defendant, a corporation, conveyed by its deed of trust to secure its bondholders, prior to the commencement of these actions, was not exempt from sale under execution to satisfy the judgments rendered in favor of the plaintiffs and against the defendant on the cause of action alleged respectively in the complaints. This assignment of error cannot be sustained. Neither of these actions is to recover for labor and clerical services performed by the plaintiff for the defendant; nor is either to recover damages for k tort, committed by defendant whereby any person was killed or injured; nor is either' to recover damages for injuries to property, within the meaning of the statute. The cause of action alleged in each complaint is founded on contract. There is no error in the judgment. It is

Affirmed.

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Bluebook (online)

156 S.E. 101, 200 N.C. 10, 1930 N.C. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amoskeag-manufacturing-co-v-yadkin-cotton-mills-inc-nc-1930.