|
|
Richmond Corp. v. Wachovia Bank & Trust Co., 300 U.S. 124 (1937)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Richmond Corp. v. Wachovia Bank & Trust Co., 300 U.S. 124 (1937)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 300 U.S. 115, click here.
Richmond Mortgage & Loan Corp. v. Wachovia Bank & Trust Co. No. 235 Argued January 4, 1937 Decided February 1, 1937 300 U.S. 124
APPEAL FROM THE SUPREME COURT OF NORTH CAROLINA
Syllabus
1. A North Carolina statute providing that, when the mortgagee, payee, or other holder of an obligation secured by real estate causes a sale of the property by a trustee becomes the purchaser for a sum less than the amount of the debt and afterwards brings an action for the deficiency, the defendant may show, by way of defense and set-off, that the property sold was fairly worth the amount of the debt or that the sum bid was substantially less than the true value of the property, and thus defeat the claim in whole or in part, held valid in application to notes secured by deed of trust executed prior to the passage of the law. P. 129.
2. The obligation of a contract is not impaired by a law limiting the remedy, if a remedy adequate for enforcing the obligation remains or is substituted. P. 128.
210 N.C. 29, 185 S.E. 482, affirmed.
In an action to collect a balance due on a mortgage debt, the plaintiff, appellant here, was defeated in a General County Court in North Carolina. The judgment was affirmed by the Superior Court, whose judgment was in turn affirmed by the Supreme Court of the State.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Richmond Corp. v. Wachovia Bank & Trust Co., 300 U.S. 124 (1937) in 300 U.S. 124 300 U.S. 126. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=V74IJP3359G81NC.
MLA: U.S. Supreme Court. "Syllabus." Richmond Corp. v. Wachovia Bank & Trust Co., 300 U.S. 124 (1937), in 300 U.S. 124, page 300 U.S. 126. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=V74IJP3359G81NC.
Harvard: U.S. Supreme Court, 'Syllabus' in Richmond Corp. v. Wachovia Bank & Trust Co., 300 U.S. 124 (1937). cited in 1937, 300 U.S. 124, pp.300 U.S. 126. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=V74IJP3359G81NC.
|