Smith v. . Summerfield
Supreme Court of North Carolina
Civil actioN, heard upon complaint and demurrer, at Spring Term, 1890, of WayNe Superior Court, MacRae, J., presiding. The plaintiffs, a number of trading firms and corporations, alleged that the defendants, a commercial firm, engaged in business at Goldsboro and Smithfield, N. C., were indebted to them, respectively, in the various sums set out in Ihe com- . plaint, for goods, wares and merchandise, sold and delivered to said defendants, “no part of which had been paid;”…
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Civil actioN, heard upon complaint and demurrer, at Spring Term, 1890, of WayNe Superior Court, MacRae, J., presiding. The plaintiffs, a number of trading firms and corporations, alleged that the defendants, a commercial firm, engaged in business at Goldsboro and Smithfield, N. C., were indebted to them, respectively, in the various sums set out in Ihe com- . plaint, for goods, wares and merchandise, sold and delivered to said defendants, “no part of which had been paid;” that the defendants had fraudulently conspired to create a fictitious credit, whereby they had been enabled to purchase in…
1Opinion of the Court
SHEPHERD, J :
1, The first ground assigned as a cause of demurrer presents the question whether this action should not have been brought in the form of a general creditor’s bill.
In Hancock v. Wooten, (107 N. C., 9), we attempted to distinguish a general creditor’s from a judgment credit- or’s bill and in the course of the discussion, in speaking of the former, we used the following language: “Such bills are usually instituted for the purpose of winding up the insolvent estates of deceased persons or the affairs of a corporation. These may be illustrated by the cases of Pegram v. Armstrong, 82…
2Cases cited11 opinions
- Dawson Bank v. HarrisSupreme Court of North Carolina · 1881
- Hancock Bros. & Co. v. WootenSupreme Court of North Carolina · 1890
- Allen & Co. v. GrissomSupreme Court of North Carolina · 1884
- Dobson v. . SimontonSupreme Court of North Carolina · 1885
- Dunn v. . Barnes, Adm'rSupreme Court of North Carolina · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hensley v. McDowell Furniture Co.Supreme Court of North Carolina · 1913
- Allen v. Carolina Central Railway Co.Supreme Court of North Carolina · 1897
- Barbee v. DavisSupreme Court of North Carolina · 1924
- Bowling v. Fidelity BankSupreme Court of North Carolina · 1936
- Robinson v. . WilliamsSupreme Court of North Carolina · 1925
9 more not listed; retrieve them via the Exa API.