Legal Opinion

Asbury v. . Mauney

Supreme Court of North Carolina

Decided May 2, 1917PublishedCited by 8 opinions

Civil action, tried, before Cline, J., at November Term, 1913', of Stanly. This is an action to recover the sum of $93.66 which, the plaintiff alleges is due him on account of an agreement entered into by the defendant, a stockholder of the E. M. Asbury Company. The E. M. Asbury Company was a corporation and the stockholders were E. Y. Watkins, C. J. Mauney, C. W. Andrews, E. M. Asbury, A. S. McRae, and Miss Spencer.

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Civil action, tried, before Cline, J., at November Term, 1913', of Stanly. This is an action to recover the sum of $93.66 which, the plaintiff alleges is due him on account of an agreement entered into by the defendant, a stockholder of the E. M. Asbury Company. The E. M. Asbury Company was a corporation and the stockholders were E. Y. Watkins, C. J. Mauney, C. W. Andrews, E. M. Asbury, A. S. McRae, and Miss Spencer. The corporation became insolvent and on 16 September, 1909, the stockholders held a call meeting for the purpose of fixing a price on the stock of merchandise on hand with a view…

1Opinion of the CourtAllen, J.

There are several objections to the right of tbe plaintiff to maintain this action.

In the first place, it does not appear tbat tbe stockholders entered into any agreement to pay tbe debts of tbe corporation. It is stated in tbe minutes tbat a motion to this effect was made and seconded, but it does not appear tbat it was voted upon or adopted, and this omission has particular significance in view of tbe evidence of all of tbe stockholders who were present at tbe meeting except tbe plaintiff, tbat after tbe motion was made and seconded, objection was raised, and it never came to .a vote, and…

2Cases cited3 opinions

  1. Wilson v. . Lewiston Mill Co.New York Court of Appeals · 1896
  2. Tull v. DavidSupreme Court of Missouri · 1870
  3. Wingate v. HerschauerSupreme Court of Iowa · 1876

3Cited by8 opinions

  1. Tuttle v. Junior Building Corp.Supreme Court of North Carolina · 1948
  2. Estate of StephensCalifornia Supreme Court · 2002
  3. Thomas v. PrewittMississippi Supreme Court · 1978
  4. Walker v. KeelingCourt of Appeals of Texas · 1942
  5. Gennett v. . LyerlySupreme Court of North Carolina · 1934

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