{
  "id": 8625861,
  "name": "JONAH HENDERSON and His Wife, ETHEL HENDERSON, v. CARL R. STUART, Trustee, et al.",
  "name_abbreviation": "Henderson v. Stuart",
  "decision_date": "1942-02-25",
  "docket_number": "",
  "first_page": "37",
  "last_page": "38",
  "citations": [
    {
      "type": "official",
      "cite": "221 N.C. 37"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "140 S. E., 622",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "194 N. C., 698",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8616731
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/194/0698-01"
      ]
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    {
      "cite": "119 S. E., 366",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "186 N. C., 283",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8653466
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/186/0283-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 169,
    "char_count": 2139,
    "ocr_confidence": 0.444,
    "pagerank": {
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    "sha256": "34450927951b1d62dc9a60fbf405b45d9b1c6734ea66072d9fe4e044bad940cc",
    "simhash": "1:8a5bc0cab2e7cddd",
    "word_count": 374
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  "last_updated": "2023-07-14T17:01:36.695844+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "JONAH HENDERSON and His Wife, ETHEL HENDERSON, v. CARL R. STUART, Trustee, et al."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nA careful perusal of the record and exceptions filed in this case do not show any reversible error. The obligation of the plaintiffs was joint and several and the coplaintiff, Jonah Henderson, had the right, with the consent and approval of the owner and holder of the secured notes, to divert a portion of the proceeds received from the fire insurance company to the payment of other indebtedness. Turlington v. Lucas, 186 N. C., 283, 119 S. E., 366; Winchester-Simmons Co. v. Cutler, 194 N. C., 698, 140 S. E., 622.\nIn the judgment of the court below we find\nNo error.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "James E. Rector for plaintiffs.",
      "J. C. Ramsey, Roberts & Batey and John H. McElroy for defendants."
    ],
    "corrections": "",
    "head_matter": "JONAH HENDERSON and His Wife, ETHEL HENDERSON, v. CARL R. STUART, Trustee, et al.\n(Filed 25 February, 1942.)\nHusband and AVile \u00a7 12d\u2014\nThe husband has the right, with the consent of the owner and holder of notes secured by deed of trust on the property, to use the proceeds of a fire insurance policy to pay a separate obligation of his, notwithstanding that the property was held by him and his wife by entireties and the policy had a mortgage clause in favor of the trustee.\nAppeal by plaintiffs from Qwyn, J., at September Term, 1941, of MadisoN.\nCivil action for damages, alleging tbe foreclosure of- a deed of trust after tbe indebtedness secured thereby bad been paid. Plaintiffs contend that tbe proceeds from a certain fire insurance policy, to which policy a mortgage clause in favor of trustee was attached, were sufficient to pay said indebtedness, and that the owner and holder of the secured notes wrongfully permitted the coplaintiff, Jonah Henderson, to divert a portion of said funds to the payment of a personal debt to the Citizens Bank of Marshall, which bank was also by assignment the owner and holder of the secured notes. The land sold under the deed of trust had been conveyed to plaintiffs as tenants by the entirety.\nThe jury, upon a proper issue, found that the indebtedness secured by the deed of trust had not been paid at the time of foreclosure.\nFrom judgment on verdict plaintiffs appeal to the Supreme Court and assign error.\nJames E. Rector for plaintiffs.\nJ. C. Ramsey, Roberts & Batey and John H. McElroy for defendants."
  },
  "file_name": "0037-02",
  "first_page_order": 73,
  "last_page_order": 74
}