Kinston Cotton Mills v. Wachovia Bank & Trust Co.

On the hearing it was further made to appear that plaintiff is an industrial corporation, organized and doing business under and by virtue of a charter granted in accord with the Constitution and general statutes controlling the matter. Constitution, Art. VIII, sec. 1, etc., and C. S., ch. 22, art. 2, etc., and that on 14 February, 1920, its said charter, in reference to the issuing of preferred stock, was duly and properly amended so as to read as follows: “That further said article four of said certificate of incorporation be changed and amended by providing for the creation of preferred…