Pocahontas Coal Co. v. Henderson Electric Light & Power Co.
Supreme Court of North Carolina
Civil ACTION, tried before Mclver, J., at October Term, 1S95, of YaNCb Superior Court, on an appeal from the judgment of a justice of the peace.
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Civil ACTION, tried before Mclver, J., at October Term, 1S95, of YaNCb Superior Court, on an appeal from the judgment of a justice of the peace. TJie purpose of the action was to collect one hundred and thirty-one dollars and eighty-seven cents, with interest from December 1, 1894, of the defendant corporation, due for coal consumed in operating defendant’s plant, and to establish the priority of said claim over certain preexisting debts, secured by deeds of trust on the property of the defendant corporation, under Section 1255 of The Qode. A jury trial was waived, and the matter was…
1Opinion of the Court
Furches, J.:
In 1892, the defendant, the Henderson Electric Light & Power Company, made a mortgage to Zolliooffer to secure a part of the purchase money of the concern. In 1893, it made another mortgage to Cooper to secure borrowed money. After the making of these mortgages the defendant company continued to operate the concern, which is a corporation, by and. with the knowledge and consent of the mortgagees. That one Bridgers was in the management and control of the corporation, with full power and authority to purchase material, hire hands and operate the concern, which he did. And during…
2Cases cited4 opinions
- McCless v. MeekinsSupreme Court of North Carolina · 1895
- Traders National Bank v. Lawrence M'f'g Co.Supreme Court of North Carolina · 1887
- Etheridge and Another v. . Palin and Wife .Supreme Court of North Carolina · 1875
- Antietam Paper Co. v. Chronicle Publishing Co.Supreme Court of North Carolina · 1894
3Cited by23 opinions
- Belvin v. Raleigh Paper Co.Supreme Court of North Carolina · 1898
- Dunavant v. Caldwell & Northern RailroadSupreme Court of North Carolina · 1898
- Wilmington & Weldon Railroad v. BurnettSupreme Court of North Carolina · 1898
- Langston v. Greenville Land & Improvement Co.Supreme Court of North Carolina · 1897
- McCless v. . MeekinsSupreme Court of North Carolina · 1895
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