114 N.C. 608
19 S.E 662
Supreme Court of North Carolina
Decided February 15, 1894
Supreme Court of North Carolina · decided 1894-02-15
Civil, ACTION, tried at August Term, 1893, of BüNCO.mbe Superior Court, before-Armpeld, J., and a jury, the purpose of the action being to subject collateral secuiitj! to be condemned for the payment of a debt. The plaintiff introduced a deed of trust from J. R. Grapo and William Elliott Gonzalles and wife, dated lOtli of February, 1891, to Duff Merrick, trustee, made to secure to the plaintiff two notes, one for $2,000 and one for $10,600.
Cited by 1 later decisions — most recently April 1996
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1894-02-15
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¶1The judgment of nonsuit must be set aside. Viewing the evidence in the light most favorable to the plaintiff, as we are required to do in this appeal; we find in it what seems to us amply sufficient to sustain his demand that the check or certificate of deposit placed by the defendant Crapo in the Battery Park Bank at plaintiff’s direction shall be condemned to the payment of the sum which that defendant had promised to pay him, as lie alleges.
¶2Error.