Corporation Commission v. Farmers Bank & Trust Co.
Supreme Court of North Carolina
Appeal by receivers from Devin, Jat the November Term, 1921, of LENOIR. Civil action, heard on certain exceptions to report of a receiver.
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Appeal by receivers from Devin, Jat the November Term, 1921, of LENOIR. Civil action, heard on certain exceptions to report of a receiver. The record is so imperfect that it is difficult to make satisfactory disposition.of the cause, but it appears, we think, with sufficient certainty,, that an action was instituted under the provisions of the Consolidated Statutes, to wind up the affairs of an insolvent bank, the Farmers Bank & Trust Company of La Grange, N. C., and a receiver was appointed.. Notice was issued for all creditors to present tbeir claims in writing before said receiver at a…
1Opinion of the CourtHoke, J.
From a perusal of tbe present record, it is clear tbat tbe appeal has been prematurely taken, and under tbe decisions applicable tbe same must be dismissed without prejudice to tbe rights of tbe parties in tbe premises. Cement Co. v. Phillips, 182 N. C., 437; Beck v. Bank, 157 N. C., 105; Pritchard v. Spring Co., 151 N. C., 249.
In Cement Co. v. Phillips, supra, tbe position is strongly stated, and supported by numerous authorities, and in Pritchard’s case, supra, an action to wind up tbe affairs of an insolvent corporation, judgment -bad been entered disposing of exceptions to report, and…
2Cases cited6 opinions
- Keystone Driller Co. v. WorthSupreme Court of North Carolina · 1895
- Penn-Allen Cement Co. v. PhillipsSupreme Court of North Carolina · 1921
- Hailey v. . GraySupreme Court of North Carolina · 1885
- Pritchard v. Panacea Spring Co.Supreme Court of North Carolina · 1909
- H. L. Beck & Co. v. Bank of ThomasvilleSupreme Court of North Carolina · 1911
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