Choate Rental Co v. Justice, 538.
| Decision Date | 16 December 1936 |
| Docket Number | No. 538.,538. |
| Court | North Carolina Supreme Court |
| Parties | CHOATE RENTAL CO. v. JUSTICE (two cases). |
Appeal from Superior Court, Mecklenburg County; W. F. Harding, Judge.
Actions by Choate Rental Company against E. R. Justice, trading as Justice Hotel, and against E. R. Justice, trading as the Silver Dime Cafe. From adverse judgments, defendant appeals.
New trial.
There were two actions in summary ejectment instituted before a justice of the peace under C.S. § 2367 by the same plaintiff against the same defendant for different portions of the same building. From judgment in the justice of the peace court adverse to it in each case the plaintiff appealed to the superior court. In the superior court the cases were consolidated for trial in accordance with stipulation entered into by counsel for plaintiff and defendant and were tried upon the following issue: "Is the plaintiff entitled to immediate possession of the property in controversy set out in the complaint?"
The jury answered the issue in the affirmative, and from judgment based upon the verdict the defendant appealed to the Supreme Court, assigning error.
G. T. Carswell and Joe W. Ervin, both of Charlotte, for appellant.
Taliaferro & Clarkson, of Charlotte, for appellee.
The evidence of the plaintiff established that the Life Insurance Company of Virginia was the owner of the demised premises from which it was sought to eject the defendant, while the actions were instituted in the name of Choate Rental Company, which was the rental agent of the Life Insurance Company of Virginia, and the affidavits prescribed by the statute were made by and John G. Turner "worked for" and "collected rents for" the Choate Rental Company.
The following excerpt from his honor's charge is made the basis of an exceptive assignment of error:
This assignment of error presents the question brought forward in the brief as to whether these actions in summary ejectment can be maintained in the name of the Choate Rental Company, rental agent, when the property is owned by the Life Insurance Company of Virginia.
C.S. § 2367 prescribes the manner of removal by his landlord of any tenant who remains in the demised premises after the expiration of his lease, as follows: "When the lessor or his assigns, or his or their agent or attorney, makes oath in writing, before any...
To continue reading
Request your trial
- Mcguinn v. City Of High Point
-
State ex rel. East Lenoir Sanitary Dist. v. City of Lenoir
...Estate Loan & Insurance Co. v. Locker, 214 N.C. 1, 197 S.E. 555; Monfils v. Hazlewood, 218 N.C. 215, 10 S.E.2d 673; Choate Rental Co. v. Justice, 211 N.C. 54, 188 S.E. 609; First Nat. Bank v. Thomas, 204 N.C. 599, 169 S.E. Plaintiff bases its assertion of violation of its rights on two lega......
-
In the Matter of foreclosure of a deed of trust executed by Thomas, No. COA08-287 (N.C. App. 1/6/2009)
...litigation.'" Parnell v. Nationwide Mut. Ins. Co., 263 N.C. 445, 448-49, 139 S.E.2d 723, 726 (1965) (quoting Choate Rental Co. v. Justice, 211 N.C. 54, 55, 188 S.E. 609, 610 (1936)). See also Energy Investors Fund, L.P. v. Metric Constructors, Inc., 351 N.C. 331, 525 S.E.2d 441 (2000) (quot......
-
Howard v. Boyce, 27
...Thornton, 259 N.C. 697, 131 S.E.2d 378; Home Real Estate, Loan & Unsurance Co. v. Locker, 214 N.C. 1, 197 S.E. 555; Choate Rental Co. v. Justice, 211 N.C. 54, 188 S.E. 609; First Nat. Bank v. Rochamora, 193 N.C. 1, 136 S.E. 259; Chapman & Co. v. McLawhorn, 150 N.C. 166, 63 S.E. 721. A motio......