American National Bank v. Dew
Supreme Court of North Carolina
Civil actioh, tried at May Term, 1917, of New Hawovek, before-Bond, J. Plaintiff brought this action to compel a transfer on its books by the-defendant United Development Company of 25 shares of its stock purporting to have been issued by it to the defendant H. P. Dew and which the plaintiff received from him, as a purchaser for value and without notice of any defect in his title to the same, as collateral security to a note given by Dew for money borrowed from it.
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Civil actioh, tried at May Term, 1917, of New Hawovek, before-Bond, J. Plaintiff brought this action to compel a transfer on its books by the-defendant United Development Company of 25 shares of its stock purporting to have been issued by it to the defendant H. P. Dew and which the plaintiff received from him, as a purchaser for value and without notice of any defect in his title to the same, as collateral security to a note given by Dew for money borrowed from it. Other relief wasprayed against H. P. Dew’s codefendants. The following issues were submitted to the .jury: 1. Is the defendant H.…
1Opinion of the Court
Walker, J.,
after stating the case: First. As to the estoppel and the eleventh issue. We are of the opinion that the presiding judge ruled"~\ correctly when he held that upon the result of the prior suit in the Superior Court of Mecklenburg County the plaintiff was estopped by the judgment therein as to all the defendants in this case who were parties to that action, except the United Development Company. It appears from a perusal of the record in that case that the complaints in the two cases are at least substantially alike, and that the same questions were determined in the former case as…
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