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SMART FINANCE COMPANY v. DICK

No. 246.

124 S.E.2d 862 (1962)

256 N.C. 669

SMART FINANCE COMPANY v. William Val DICK and Basil Brent Haigler.

Supreme Court of North Carolina.

April 11, 1962.

Attorney(s) appearing for the Case

Bradley, Gebhardt, Delany & Millette, Charlotte, for plaintiff, appellant.

J. Max Thomas, Marshville, and Robert D. Potter, Charlotte, for defendant, appellee.

BOBBITT, Justice.

The sole ground on which the judgment in favor of Haigler is based is Conclusion of Law No. 2, assigned as error by plaintiff, in which the court ruled "(t)hat the plaintiff is estopped to assert the lien of the mortgage against the defendant because the plaintiff Smart Finance Company was negligent in allowing the defendant William Val Dick to have both forms, 309 and 310, without forwarding the same to the North Carolina Department of Motor Vehicles...

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