High Point Casket Co. v. Wheeler
Supreme Court of North Carolina
Appeal by defendant from Finley, J., at the May Term, 1921, of GrtTILEORD. This action was originally brought by the plaintiff against R. A. Wheeler individually. He was never sued as secretary and treasurer of plaintiff corporation.
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Appeal by defendant from Finley, J., at the May Term, 1921, of GrtTILEORD. This action was originally brought by the plaintiff against R. A. Wheeler individually. He was never sued as secretary and treasurer of plaintiff corporation. The complaint alleged that R. A. Wheeler was indebted to the plaintiff in a large sum of money, both on account of unpaid subscription to capital stock and money of the company, which he had as former secretary and treasurer received and not properly accounted for. It is alleged that prior to the beginning of the action, to wit, on 2 September, 1915, Wheeler had…
1Opinion of the Court
MaukeR, J-
What real interest tbe defendant bas in tbis controversy we are unable to see. He bas to pay tbe judgment, in any event, and whether to tbe plaintiff, or one-third of it to tbe interveners, Messrs. Barringer and Strudwick, tbe attorneys of tbe plaintiff, can make no difference to him. A case directly in point is Newsom v. Russell, 77 N. C., 277, where tbe plaintiff was tbe assignee of tbe note on which tbe action was brought, and defendant alleged that it was assigned in fraud of tbe assignor’s creditors, tbe Court held tbis to be no defense, as tbe assignor was bound by bis…
2Cases cited28 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- Lee v. . PearceSupreme Court of North Carolina · 1873
- Newman v. FreitasCalifornia Supreme Court · 1900
- McLeod v. . BullardSupreme Court of North Carolina · 1881
- R. R. v. . R. R.Supreme Court of North Carolina · 1908
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