Engstrum v. Union Gas Engine Co.
Supreme Court of North Carolina
Appeal by defendants from Bond, J., at chambers in New Bern, 5 ■October, 1920, from OeaveN. ' This is an action by the plaintiffs, trading as tbe Newport Shipbuilding Company, to restrain the defendants, the Newport Shipbuilding Corporation, from paying to its codefendant, the Union Gas Engine ■Company, certain moneys.
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Appeal by defendants from Bond, J., at chambers in New Bern, 5 ■October, 1920, from OeaveN. ' This is an action by the plaintiffs, trading as tbe Newport Shipbuilding Company, to restrain the defendants, the Newport Shipbuilding Corporation, from paying to its codefendant, the Union Gas Engine ■Company, certain moneys. The plaintiffs allege in the complaint that the Union Gas Engine Company is indebted to them in the sum of ■$53,004.32, and that said engine company is a foreign corporation, resident in the State of California, and without assets in North Carolina, ■excepting the balance due…
1Opinion of the CourtClark, C. J.
The defendants admit that both the defendants, the Newport Shipbuilding Corporation and the Union Gas Engine Company, are nonresidents having been incorporated in California, and that the Gas Engine Company is without property in the State; and further, that the Newport Shipbuilding Company is indebted to the Gas Engine Company in the sum of $60,000 or more.
It is true that the defendant engine company alleges that the action by the plaintiff is collusive and in the interest of the shipbuilding corporation. It admits that its codefendant is indebted to it in the sum of $60,000 or more, of…
2Cases cited1 opinion
- Ellett v. NewmanSupreme Court of North Carolina · 1885