Superior Court of North Carolina, 1806

Marshall v. . Williams

Marshall v. . Williams
Superior Court of North Carolina · Decided July 5, 1806 · PER CURIAM.
3 N.C. 405

Counsel

Plummer and Browne , for the defendants, insisted this was a conditional sale, and that on the nonpayment of the sum borrowed, and interest until 25 December, 1789, the testator was to be considered as the absolute proprietor, but bound to pay the £ 10. They cited Call's Re. E contra was cited 2 Vern., 188.

Marshall v. . Williams

Opinion of the Court

Per curiam.

A conditional sale is when at the time of the contract the absolute property passes to the vendee, but subject to be defeated by paying the sum advanced: the Negro, until the money paid back, belongs to the vendee, and if he dies it is the loss of the vendee ; he is entitled to his services in the interim, and is not entitled to the money advanced for him, and so cannot claim the interest of it: Here the money was loaned, interest was to be paid on it, the Negro, if he died, was to be considered as the propeity of the complainant. He was therefore a pledge for the security of the money; was redeemable; and being once so was always so. He must be delivered up and his yearly value accounted for, deducting from thence the money loaned and the interest; after each value shall be ascertained, interest must be paid on such yearly value from the time it becomes due.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.