R. L. Davies & Co. v. Bromberg
Supreme Court of North Carolina
Appeal by defendant from Lane, J., at October Term, 1922, of BuNCOMBE. Civil action for debt and to enforce a mechanic’s lien against defendant’s leasehold estate.
Read the full summary
Appeal by defendant from Lane, J., at October Term, 1922, of BuNCOMBE. Civil action for debt and to enforce a mechanic’s lien against defendant’s leasehold estate. Defendant set up in bar of plaintiff’s right to recover or to enforce its lien a composition in bankruptcy — it being alleged that plaintiff participated fully in the bankruptcy proceedings, filed its claim as an unsecured creditor, and took part in all meetings of the creditors; that a 25 per cent composition was offered by the defendant and accepted by a majority in number and in amount of the creditors whose claims had been…
1Opinion of the CourtStacy, J.
The office of a demurrer is to determine the legal sufficiency of a pleading, admitting for the purpose the truth of all the matters and things alleged therein. 21 R. C. L., 504. It is alleged in the answer that on 10 February, 1922, the defendant filed a voluntary petition in bankruptcy in the District Court of the United States for the •Western District of North Carolina, and listed plaintiff’s claim as one of his unsecured debts; that the plaintiff duly filed proof of its claim for the full amount, as an unsecured creditor in said bankruptcy court, and participated in all the creditors’…
2Cases cited5 opinions
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- In re Burr Mfg. & Supply Co.Court of Appeals for the Second Circuit · 1914
- Tyson v. ChestnutSupreme Court of Alabama · 1897
- Watters v. . HedgpethSupreme Court of North Carolina · 1916
- Birmingham Finance Co. v. ChisolmCourt of Appeals for the Fifth Circuit · 1922
3Cited by5 opinions
- Brick Co. v. . GentrySupreme Court of North Carolina · 1926
- Ideal Brick Co. v. GentrySupreme Court of North Carolina · 1926
- Canestrino v. PowellSupreme Court of North Carolina · 1949
- Kockos Bros. v. Canadian Fire InsuranceCalifornia Court of Appeal · 1961
- Brock & Scott Produce Co. v. BrockSupreme Court of North Carolina · 1923