W. L. Wells Co. v. Avon Mills
U.S. Circuit Court for the District of Western North Carolina
The plaintiff in the two cases above brings suit as a corporation against the defendants to recover about the sum of $70,000, principal and interest, claimed to be due for cotton sold and delivered to the defendants. The plaintiff’s residence and place of business is in the city of Vicksburg, Miss., and the defendants are both corporations under the laws of North Carolina, and are engaged in the manufacture of cotton at Gastonia, in said state.
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The plaintiff in the two cases above brings suit as a corporation against the defendants to recover about the sum of $70,000, principal and interest, claimed to be due for cotton sold and delivered to the defendants. The plaintiff’s residence and place of business is in the city of Vicksburg, Miss., and the defendants are both corporations under the laws of North Carolina, and are engaged in the manufacture of cotton at Gastonia, in said state. The affairs of both defendants are under the same management, and John F. Bove is secretary and treasurer of both companies. During the years 1899,…
1Opinion of the CourtBoyd, District Judge
(after stating the facts as above). There are two cases pending for trial,—the one the W. B. Wells Company against the Avon Mills, and the other the same plaintiff against the Gastonia Cotton Manufacturing Company. The matters involved are substantially the same in both cases, and by consent of all parties the two cases are consolidated for trial. The fact is undisputed that the defendants dealt with the plaintiff as a corporation under its corporate name, and bought cotton, which was delivered to defendants by plaintiff at an agreed price, and that the amount claimed by plaintiff for the…
2Cases cited8 opinions
- Owings v. HullSupreme Court of the United States · 1835
- Tulare Irrigation District v. ShepardSupreme Court of the United States · 1902
- Chubb v. UptonSupreme Court of the United States · 1877
- Schutz v. JordanSupreme Court of the United States · 1891
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1891
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3Cited by3 opinions
- State of Virginia v. FeltsU.S. Circuit Court for the District of Western Virginia · 1904
- Live Stock State Bank v. First Nat. BankDistrict Court, D. Idaho · 1924
- Gastonia Cotton Mfg. Co. v. W. L. Wells Co.Court of Appeals for the Fourth Circuit · 1906