Legal Opinion

Marshall Foundry Co. v. . Killian

Supreme Court of North Carolina

Decided February 5, 1888PublishedCited by 29 opinions

Corporations — Liability of Stockholders — Parol Evidence. Civil action, originally commenced before a Justice of the Peace for Catawba County, to recover the sum of $200, alleged to be due by subscription to The Marshall Foundry Company, and carried, by appeal, to the Superior Court of said county, and tried before Boykin, J., at January Term, 1888. It was in evidence, that A. W. Marshall, W. R. Self and others, by articles of agreement under the statute, were incorporated…

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Corporations — Liability of Stockholders — Parol Evidence. Civil action, originally commenced before a Justice of the Peace for Catawba County, to recover the sum of $200, alleged to be due by subscription to The Marshall Foundry Company, and carried, by appeal, to the Superior Court of said county, and tried before Boykin, J., at January Term, 1888. It was in evidence, that A. W. Marshall, W. R. Self and others, by articles of agreement under the statute, were incorporated before the Clerk on the 7th day of February, 1884, under the corporate name of the “ Marshall Foundry Company.” It was…

1Opinion of the Court

Davis, J.,

(after stating the case).' This action was commenced before a Justice of the Peace, and the allegations of fraud, or other grounds upon which the plaintiff Murrill was appointed receiver, do not distinctly appear, but it appears to have been done at the instance of a creditor, and we assume that it was done under the provision of § 668 of The Code, authorizing the appointment of receivers, for the causes there stated.

By the “ articles of agreement ” filed with the Clerk, under which, “letters declaring” the incorporation were issued, it is stated: “ The capital stock of the…

2Cases cited3 opinions

  1. Burke v. SmithSupreme Court of the United States · 1873
  2. Dobson v. . SimontonSupreme Court of North Carolina · 1882
  3. Hauser v. . TateSupreme Court of North Carolina · 1881

3Cited by29 opinions

  1. McIver v. Young Hardware Co.Supreme Court of North Carolina · 1907
  2. Smathers v. Bank.Supreme Court of North Carolina · 1904
  3. Cockrill v. AbelesCourt of Appeals for the Eighth Circuit · 1898
  4. Beach v. WilliamsonSupreme Court of Florida · 1919
  5. Merchants National Bank of Richmond v. Newton Cotton MillsSupreme Court of North Carolina · 1894

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