Legal Opinion

Smith v. . Summerfield

Supreme Court of North Carolina

Decided February 5, 1891PublishedCited by 14 opinions

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

  1. Dawson Bank v. HarrisSupreme Court of North Carolina · 1881
  2. Hancock Bros. & Co. v. WootenSupreme Court of North Carolina · 1890
  3. Allen & Co. v. GrissomSupreme Court of North Carolina · 1884
  4. Dobson v. . SimontonSupreme Court of North Carolina · 1885
  5. Dunn v. . Barnes, Adm'rSupreme Court of North Carolina · 1875

6 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Hensley v. McDowell Furniture Co.Supreme Court of North Carolina · 1913
  2. Allen v. Carolina Central Railway Co.Supreme Court of North Carolina · 1897
  3. Barbee v. DavisSupreme Court of North Carolina · 1924
  4. Bowling v. Fidelity BankSupreme Court of North Carolina · 1936
  5. Robinson v. . WilliamsSupreme Court of North Carolina · 1925

9 more not listed; retrieve them via the Exa API.

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