Legal Opinion

Rierson v. . Hanson

Supreme Court of North Carolina

Decided January 27, 1937PublishedCited by 6 opinions

1Opinion of the CourtStacy, C. J.

Several lines of thought abound among the decisions on the question presently presented. The position of the secured creditor is supported by what is known as the Chancery rule, while that of the unsecured creditors is favored by what is generally denominated the Bankruptcy rule. The subject is exhaustively treated in Merrill v. Panic, 173 U. S., 131, and in note, with full citation of the authorities appearing in L. R. A., 1918 B, 1024-1042. The question here presented is whether the Chancery rule or the Bankruptcy rule shall be applied in the settlement of an insolvent estate, where there…

2Cases cited12 opinions

  1. Merrill v. National Bank of JacksonvilleSupreme Court of the United States · 1899
  2. Carolina Power & Light Co. v. IseleySupreme Court of North Carolina · 1933
  3. Walker v. PhelpsSupreme Court of North Carolina · 1932
  4. Creecy v. . Pearce, Adm'r .Supreme Court of North Carolina · 1873
  5. First Security Trust Co. v. LentzSupreme Court of North Carolina · 1928

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

3Cited by6 opinions

  1. Guilford Const. Co. v. BiggsCourt of Appeals for the Fourth Circuit · 1939
  2. State v. . GibsonSupreme Court of North Carolina · 1942
  3. Underwood v. WardSupreme Court of North Carolina · 1954
  4. Montsinger v. WhiteSupreme Court of North Carolina · 1954
  5. Biggs v. . LassiterSupreme Court of North Carolina · 1942

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API