Tar River Navigation Co. v. Neal
Supreme Court of North Carolina
T 5- From Franklin. J This was a proceeding commenced by warrant before ariTusticc of the Peace, to recover from the defendant as a corporator, the first instalment declared by the president and directors of the company upon the shares standing in his name on the company books. By appeal, the case was carried, first to the County and then to the Superior Court, where it wras tried at the last spring term before Norwood, Judge.
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T 5- From Franklin. J This was a proceeding commenced by warrant before ariTusticc of the Peace, to recover from the defendant as a corporator, the first instalment declared by the president and directors of the company upon the shares standing in his name on the company books. By appeal, the case was carried, first to the County and then to the Superior Court, where it wras tried at the last spring term before Norwood, Judge. By the statement made np for this court, the case appeared to be this: By an act of the General Assembly passed in the year 1818, certain commissioners were appointed…
1Opinion
I do not go the whole length of the plaintiff's counsel in saying that persons in possession of corporate rights or franchises shall be considered as rightfully corporators against all persons but the sovereign; but agree with them, with this qualification, that where it is shown that such corporation may by law exist, that is, where it is shown that a charter has been granted, those in possession, and actually in the exercise of those corporate rights, shall be considered as rightfully there, against wrongdoers, and all those who have treated or acted with them in their corporate character;…
2Cases cited7 opinions
- Bass v. Roanoke Navigation & Waterpower Co.Supreme Court of North Carolina · 1892
- Buncombe Turnpike Co. v. M'CarsonSupreme Court of North Carolina · 1835
- Atlantic, Tennessee & Ohio Railroad v. JohnstonSupreme Court of North Carolina · 1874
- Henderson v. . WilliamsSupreme Court of North Carolina · 1897
- Wadesboro Cotton Mills Co. v. BurnsSupreme Court of North Carolina · 1894
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