Bank v. Moore.
Supreme Court of North Carolina
ActioN by Western Carolina Bank and W. W. Jones, Receiver against C. B. Moore, beard by Judge Fred Moore and a jury, at tbe March Term, 1905, of the Superior Court of BuNcoMbe County. W. W. Jones, Receiver of The Western Carolina Bank having found the note of defendant, to the amount of $600 among the assets of the bank, instituted this action against defendant, alleging that the note sued on belonged to the bank and was due and unpaid.
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ActioN by Western Carolina Bank and W. W. Jones, Receiver against C. B. Moore, beard by Judge Fred Moore and a jury, at tbe March Term, 1905, of the Superior Court of BuNcoMbe County. W. W. Jones, Receiver of The Western Carolina Bank having found the note of defendant, to the amount of $600 among the assets of the bank, instituted this action against defendant, alleging that the note sued on belonged to the bank and was due and unpaid. The defendant answered and denied that the note belonged to the bank and by way of further defense averred that on or about the 22nd day of February, 1897, he…
1Opinion of the CourtHoke, J.
The court is unable to perceive anything in tbe allegations or testimony which shows or tends to show a valid defense to this demand. It appears from the answer and tbe evidence that tbe defendant executed tbe note sued on to bis father-in-law, J. E. Reed, for bis stock in the bank and received the consideration. By virtue of bis agreement and the note the defendant became a stockholder in the bank, qualified and served as 'a director, taking part in the bank’s management and receiving pay for bis services. During tbat time, this note was reported as part of the assets of the bank and the…
2Cases cited7 opinions
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