Elizabeth City Academy v. Lindsey
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Pasquotank County, at the Spring Term 1846, his Honor Judge Bailey presiding. This was- an action of trover, brought to recover the value of a set of globes, alleged to have been purchased by the defendant Lindsey, as the agent of the trustees for the benefit of the Elizabeth City academy.
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Appeal from the Superior Court of Law of Pasquotank County, at the Spring Term 1846, his Honor Judge Bailey presiding. This was- an action of trover, brought to recover the value of a set of globes, alleged to have been purchased by the defendant Lindsey, as the agent of the trustees for the benefit of the Elizabeth City academy. It was in evidence on the part of the plaintiff, that, in the year 1820, the Legislature of Worth Carolina passed an act incorporating an academy in the town of Elizabeth City, naming ten persons in the said act as trustees of the said academy; it was- further in…
1Opinion of the CourtDaniel, J.
The plaintiffs were by charter, an aggregate corporation of ten trustees. It was incorporated in the year 1820 by the legislature: and immediately thereafter, it was organized and acted, as a corporation., The defendant proved, that all. but one of the original ten cor-porators had either died or removed away, and he insisted that the plaintiffs could not recover, because a continuance of the corporation had not been shown. He insisted, that the places of the original nine trustees, who had since died or moved away, should be by the plaintiffs, proved to have been regularly filled up…
2Cited by3 opinions
- Smith v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1907
- Boyd v. . ReddSupreme Court of North Carolina · 1897
- Hurst v. Southern Railway Co.Supreme Court of North Carolina · 1913