Legal Opinion

White v. . Kincaid

Supreme Court of North Carolina

Decided December 16, 1908PublishedCited by 36 opinions

Cause beard on return to preliminary restraining order, before Webb, J., bolding courts Tenth District, on 1 October, 1908. The plaintiff, using bis complaint filed in tbe canse, as an affidavit, alleged, among other things, that he owned two thousand dollars of stock in defendant company, a. corporation, having nineteen thousand dollars of paid up stock,, owning a valuable plant and owing not more than twenty-eight hundred dollars.

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Cause beard on return to preliminary restraining order, before Webb, J., bolding courts Tenth District, on 1 October, 1908. The plaintiff, using bis complaint filed in tbe canse, as an affidavit, alleged, among other things, that he owned two thousand dollars of stock in defendant company, a. corporation, having nineteen thousand dollars of paid up stock,, owning a valuable plant and owing not more than twenty-eight hundred dollars. Plaintiff also alleged certain wrongs committed in the control and management of the plant on the part of one of the defendants, J. J. Kincaid, the manager and…

1Opinion of the Court

Hoice, J.,

after stating the case: Our statute on the subject, Revisal 1905, sec. 1195, provides for the voluntary dissolution of corporations, in effect, as follows: “That whenever, in the judgment of the board of directors, it shall be deemed advisable and most for the benefit of a corporation that it should be dissolved, they may pass a resolution to that effect by a majority of the board, proper notice being first given as required, and when this resolution has been submitted in writing to the stockholders, and, in a meeting called for the purpose, two-thirds in interest of the…

2Cases cited5 opinions

  1. Farmers' Loan & Trust Co. v. New York & Northern Railway Co.New York Court of Appeals · 1896
  2. Oglesby v. AttrillSupreme Court of the United States · 1882
  3. Thomason v. RailroadSupreme Court of North Carolina · 1906
  4. Dewey v. . R. R.Supreme Court of North Carolina · 1906
  5. Windmuller v. Standard Distilling & Distributing Co.U.S. Circuit Court for the District of New Jersey · 1902

3Cited by36 opinions

  1. Kavanaugh v. . Kavanaugh Knitting Co.New York Court of Appeals · 1919
  2. Amphitheaters, Inc. v. Portland MeadowsOregon Supreme Court · 1948
  3. Gaines v. Long Manufacturing Co.Supreme Court of North Carolina · 1951
  4. Weisbecker v. Hosiery Patents, Inc.Supreme Court of Pennsylvania · 1947
  5. Doe Run Lead Co. v. MaynardSupreme Court of Missouri · 1920

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