Pelletier v. Greenville Lumber Co.
Supreme Court of North Carolina
Motion to continue a restraining order until the hearing made before Bryan, J., at Chambers in Newbern, on September 25, 1897, in the above entitled cause. The plaintiff was a stockholder in the Greenville Lumber Co., which had become insolvent — the other defendants are creditors.
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Motion to continue a restraining order until the hearing made before Bryan, J., at Chambers in Newbern, on September 25, 1897, in the above entitled cause. The plaintiff was a stockholder in the Greenville Lumber Co., which had become insolvent — the other defendants are creditors. The action was instituted in the Superior Court of Craven County for the appointment of a Receiver and for such restraining orders and other and further relief as would conduce to the furtherance of the rights and interests of the creditors and stockholders. Lovit Hines was appointed receiver — and at his instance,…
1Opinion of the Court
This case comes before us on an appeal from the (599) refusal of the court below to continue an injunction against the sale of real estate of the defendant corporation under a judgment in favor of Mrs. Callie Langston, now Callie Joyner. There is no question that this land is subject to execution under this judgment as held in Langston v. Imp. Co., 120 N.C. 132. That judgment is superior not only to the claims of all the other judgment creditors in this case, but even to the original title of the insolvent corporation itself. The only question is whether the land can be levied upon and sold…
2Cases cited3 opinions
- Albany City Bank v. SchermerhornNew York Court of Chancery · 1842
- Skinner v. . MaxwellSupreme Court of North Carolina · 1873
- Langston v. Greenville Land & Improvement Co.Supreme Court of North Carolina · 1897
3Cited by22 opinions
- Lawson v. WarrenSupreme Court of Oklahoma · 1912
- Clifford v. West Hartford Creamery Co.Supreme Court of Vermont · 1931
- National Surety Corp. v. SharpeSupreme Court of North Carolina · 1952
- Battery Park Bank v. Western Carolina BankSupreme Court of North Carolina · 1900
- City Bank of Wheeling v. BryanWest Virginia Supreme Court · 1915
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