Thompson v. North Carolina Building & Loan Ass'n
Supreme Court of North Carolina
Civil aotioN, pending in the Superior Court of JVIeokleN-bueg county, instituted by the plaintiffs as stockholders of the defendant corporation, for the appointment of a receiver and to have paid to them, the plaintiffs, the amounts due to them on paid-up stock.
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Civil aotioN, pending in the Superior Court of JVIeokleN-bueg county, instituted by the plaintiffs as stockholders of the defendant corporation, for the appointment of a receiver and to have paid to them, the plaintiffs, the amounts due to them on paid-up stock. Eeceivers were appointed, who made a report to the court that the assets would not be sufficient to repay to the stockholders the amounts they had paid into the association, made certain recommendations and asked the court for instructions and orders. His Honor, W. L. Norwood, Judge Presiding, made the following order: “Upon reading…
1Opinion of the Court
Eueohes, J.:
The first.exception of the appellant, Long, is sustained, so far as it extends to fines being allowed to the creditors of the association in the settlement of their debts to the concern. This is expressly so held in Strauss v. B. & I. A., 117 N. C., 318, and approved in the same case, 118 N. C., 556. We cannot distinguish this case from that, although this is attempted to be done by counsel.
It is also contended that the order is not applicable, as it is left open for future adjustment. But we can see no reason for leaving open a question that this court has in direct terms…
2Cases cited2 opinions
- Mills v. Salisbury Building & Loan Ass'nSupreme Court of North Carolina · 1876
- Strauss v. Carolina Interstate Building & Loan Ass'nSupreme Court of North Carolina · 1896
3Cited by10 opinions
- Hale v. CairnsNorth Dakota Supreme Court · 1898
- McIlwaine v. EllingtonCourt of Appeals for the Fourth Circuit · 1901
- Meares v. . DuncanSupreme Court of North Carolina · 1898
- Wachovia Bank & Trust Co. v. HudsonSupreme Court of North Carolina · 1931
- Meares v. DavisSupreme Court of North Carolina · 1897
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