Legal Opinion

Wood v. Staton

Supreme Court of North Carolina

Decided October 10, 1917PublishedCited by 6 opinions

Civil action, beard on case agreed, before Whedbee, J., at April Term, 1917, of Eegecombe. It appears that plaintiff company sold to the Tarboro Cotton Factory, to be used in operating the mill, a bill of coal to the amount of $400. The cotton mill having become insolvent, and plaintiff’s debt remaining unpaid, be instituted tbis action, seeking to bold individual defendants pérsonally liable for tbe debt.

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Civil action, beard on case agreed, before Whedbee, J., at April Term, 1917, of Eegecombe. It appears that plaintiff company sold to the Tarboro Cotton Factory, to be used in operating the mill, a bill of coal to the amount of $400. The cotton mill having become insolvent, and plaintiff’s debt remaining unpaid, be instituted tbis action, seeking to bold individual defendants pérsonally liable for tbe debt. Tbe principal facts relevant to tbe questions presented, and bis Honor’s judgment tbereon, are as follows: 1. Tbat tbe Tarboro Cotton Factory was a duly incorporated and organized…

1Opinion of the CourtHoke, J.

From a perusal of tbe records and deeds, together witb tbe entries on tbe minute book, referred to in tbe second, third, and fourth paragraphs of bis Honor’s judgment, it appears that, proceeding under chapter 147, Public Laws 1913, a minority of tbe stockholders of tbe Tarboro Cotton Mills, for lack of dividends paid or earned for six and three years, respectively, have obtained a decree directing a sale by court commissioners of all tbe property and franchises of tbe Tarboro Cotton Mill, subject to an existent mortgage of $100,000, for tbe purpose of winding up its affairs and distributing…

2Cases cited12 opinions

  1. Finnegan v. NoerenbergSupreme Court of Minnesota · 1893
  2. Mokelumne Hill Canal & Mining Co. v. WoodburyCalifornia Supreme Court · 1859
  3. Marshall v. KeachIllinois Supreme Court · 1907
  4. Doe Ex Dem. Burke v. ElliottSupreme Court of North Carolina · 1844
  5. Board of Education v. BerryWest Virginia Supreme Court · 1907

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3Cited by6 opinions

  1. Kosman v. ThompsonSupreme Court of Iowa · 1927
  2. Starbuck v. Town of HavelockSupreme Court of North Carolina · 1960
  3. First Title & Securities Co. of Bloomington v. United States Gypsum Co., of ChicagoSupreme Court of Iowa · 1930
  4. Guilford Builders Supply Co. v. ReynoldsSupreme Court of North Carolina · 1959
  5. Britt v. . HowellSupreme Court of North Carolina · 1936

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