Legal Opinion

Graham v. Carr.

Supreme Court of North Carolina

Decided November 24, 1903PublishedCited by 8 opinions

ActioN by P. C. Graham, receiver, against J. S. Carr and J. S. Manning, heard by Judge W. B. Allen at March Term, 1903, of the Superior Court of Durham County. From a judgment for the plaintiffs the defendants appealed.

1Opinion of the CourtMontgomery, J.

Whether or not an allowance made by the Court below to the plaintiff, a receiver of an insolvent corporation, for his commissions and also for the amount allowed him to pay his counsel employed by him in the execution of his trust was suitable and proper is the matter presented to us by the appeal for consideration. Notwithstanding the allowance has been made by the Court below, it is conceded by the plaintiff that the adjudication was only prima facie and that this Court has the power to review the action of the Court below and to set aside the same if allowed on a false principle, or if the…

2Cases cited3 opinions

  1. Stuart v. BoulwareSupreme Court of the United States · 1890
  2. Battery Park Bank v. Western Carolina BankSupreme Court of North Carolina · 1900
  3. Graham v. Carr.Supreme Court of North Carolina · 1902

3Cited by8 opinions

  1. National Surety Corp. v. SharpeSupreme Court of North Carolina · 1952
  2. Clifford v. MontgomerySupreme Court of Alabama · 1919
  3. In Re Will of HowellSupreme Court of North Carolina · 1933
  4. Hood, Comr. of Banks v. . CheshireSupreme Court of North Carolina · 1937
  5. King v. Premo & King, Inc.Supreme Court of North Carolina · 1963

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