Legal Opinion · Dissent

Merchants National Bank v. Dunn Oil Mill Co.

Supreme Court of North Carolina

Decided December 13, 1912Published

Appeal from Peebles, J., at April Term, 1911, of New HaN-OVKR. The facts are sufficiently stated in tbe opinion of tbe Court by Mr. Chief Justice Ciarle.

1DissentHoke, J.

I am' unable to concur in the view which has prevailed with the Court in this ease, and believing that the decision, in so far as indicated and controlled by the principal opinion, is subversive of established principles and well calculated to have far-reaching and injurious effect on the business interests of the State and its poeople, I consider it proper to make some statement of the reasons for my position. The portion of the by-laws of the defendant, the Dunn Oil Mills, relative to the president’s duties and his power to make contracts for the company are as follows:

“Article 1. The.…

2Cases cited14 opinions

  1. The Floyd AcceptancesSupreme Court of the United States · 1869
  2. Western National Bank v. ArmstrongSupreme Court of the United States · 1894
  3. McCullough v. MossCourt for the Trial of Impeachments and Correction of Errors · 1846
  4. People's Bank v. St. Anthony's Roman Catholic ChurchNew York Court of Appeals · 1888
  5. People v. SalsburyMichigan Supreme Court · 1903

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