Virginia-Carolina Chemical Co. v. Floyd
Supreme Court of North Carolina
Appeal from Carter, J., at Fall. Term, 19Í1, of RobesoN. The plaintiff is the Yirginia-Carolina Chemical Company, and the defendants are O. I. Floyd, A. N. Mitchell and wife, Elizabeth A. Mitchell. The complaint filed by the plaintiff is as follows: First.
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Appeal from Carter, J., at Fall. Term, 19Í1, of RobesoN. The plaintiff is the Yirginia-Carolina Chemical Company, and the defendants are O. I. Floyd, A. N. Mitchell and wife, Elizabeth A. Mitchell. The complaint filed by the plaintiff is as follows: First. That it is a corporation duly organized and existing under and by virtue of the laws of the State of New Jersey, and having offices in the city of Richmond, in the State of Virginia, and the city of Durham, State of North Carolina. Second. That Floyd Bros. & Mitchell, Inc., was at the time hereinafter referred to, and is now a corporation…
1Opinion of the Court
AlleN, J:
The demurrer admits the allegations of the complaint, and it is well to see, in the first instance, if a cause of action is stated by the plaintiff.
If not, the action must be dismissed, and it will not be necés-sary to consider the other grounds of demurrer, and, on the other hand, if the complaint states a cause of action, an examination and analysis of it will aid in passing on the effect of the proceeding in bankruptcy and the necessity for the presence of the corporation or the trustee in bankruptcy as a party.
Contracts almost identical with the one alleged to have been entered…
2Cases cited19 opinions
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Dawson Bank v. HarrisSupreme Court of North Carolina · 1881
- Lance v. Butler.Supreme Court of North Carolina · 1904
- Benton v. . CollinsSupreme Court of North Carolina · 1896
- Lenz v. PrescottMassachusetts Supreme Judicial Court · 1887
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3Cited by30 opinions
- Branch Banking & Trust Co. v. PeirceSupreme Court of North Carolina · 1928
- State ex rel. Kropf v. GilbertWisconsin Supreme Court · 1933
- Minnis v. . SharpeSupreme Court of North Carolina · 1930
- Murchison National Bank v. BroadhurstSupreme Court of North Carolina · 1929
- Carswell v. . TalleySupreme Court of North Carolina · 1926
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