Benbow v. Cook
Supreme Court of North Carolina
Civil action, tried before Shuford, J, and a jury, at February Term, 1894, of Guilpoed Superior Court. The plaintiff sued to recover.possession or damages for the non-delivery of certain cotton mill machinery which he claimed under a mortgage by the Crown Mills Corporation, and which the defendant Cook as Sheriff seized and sold under executions in his hands against said corporation.
Read the full summary
Civil action, tried before Shuford, J, and a jury, at February Term, 1894, of Guilpoed Superior Court. The plaintiff sued to recover.possession or damages for the non-delivery of certain cotton mill machinery which he claimed under a mortgage by the Crown Mills Corporation, and which the defendant Cook as Sheriff seized and sold under executions in his hands against said corporation. The defendant denied the validity of the mortgage, first because the corporation was not lawfully organized, in that the corporators did not lawfully assemble together and give their collective assent in meeting…
1Opinion of the Court
Avery, J.:
If the corporation never had any lawful existence, as the defendant contends,- of course it did not authorize the execution of a mortgage some months after it is claimed that it was duly organized. The statute, The Code, § 677, provides that “Any number of persons, not less than three, who may be desirous of engaging in any business not unlawful, except building railroads or banking or insurance, at any place within the State, may, if it please them, become incorporated in the manner following,” etc. It seems *329that three persons, Amos' Ragan, O. S. Causey and R. E. Causey, as the…
2Cases cited4 opinions
- Handley v. StutzSupreme Court of the United States · 1891
- Nelson v. HubbardSupreme Court of Alabama · 1892
- Duke v. . MarkhamSupreme Court of North Carolina · 1890
- Jones v. Milton & Rushville Turnpike Co.Indiana Supreme Court · 1856
3Cited by5 opinions
- Bailey v. . HassellSupreme Court of North Carolina · 1922
- Powell Bros. v. McMullan Lumber Co.Supreme Court of North Carolina · 1910
- Anderson v. BurgessOregon Supreme Court · 1924
- Home State Bk. of Manhattan v. SwartzMontana Supreme Court · 1926
- Armstrong v. Home Service StoresSupreme Court of North Carolina · 1932