Exchange Bank v. Tiddy
Supreme Court of North Carolina
Civil action, tried before Henry, J., at á Special Term of the Superior Court of jVIkoklenbukg County, held in January 1872. The action was commenced in April, 1869, in the name of the Exchange Bank of Columbia, a corporation created by a statute of South Carolina prior to the year 1868, and it sought to recover from the defendant the amount oí a note stated in the complaint.
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Civil action, tried before Henry, J., at á Special Term of the Superior Court of jVIkoklenbukg County, held in January 1872. The action was commenced in April, 1869, in the name of the Exchange Bank of Columbia, a corporation created by a statute of South Carolina prior to the year 1868, and it sought to recover from the defendant the amount oí a note stated in the complaint. Shortly before the adjournment of the Court, on the last day set for the trial of issues of fact, this case was called tor trial. The defendants’ counsel stated to the Court that the ca?e had been reached uncxpectly, by…
1Opinion of the CourtRodman, J.
The points made by the defendant before the rendition of judgment against him need be noticed only briefly.
1. If the plaintiff corporation has been dissolved and there is no provision of law by which the debts owing to it can be collected, of course the plaintiff must fail. Fox v. Horah, 1 Ire. Eq. 358. But we think that is not the result of the Act of the Legislature of South Carolina to which we were referred, or of the action of the Oiicuit Court of that State. The corporation has been declared insolvent and put in liquidation ; to some extent the exercise of its corporate privileges has…
2Cases cited1 opinion
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
3Cited by3 opinions
- Carson v. . DellingerSupreme Court of North Carolina · 1884
- Blount v. . WindleySupreme Court of North Carolina · 1873
- Moore v. . EdmistonSupreme Court of North Carolina · 1874