McNeill v. Mays Manufacturing Co.
Supreme Court of North Carolina
Appeal by defendant manufacturing company from Long, J., at February Term, 1922, of DavidsoN. Tbe defendant Baxter Shemwell organized the Accounting Machine Company, a Nevada corporation.
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Appeal by defendant manufacturing company from Long, J., at February Term, 1922, of DavidsoN. Tbe defendant Baxter Shemwell organized the Accounting Machine Company, a Nevada corporation. Subsequently he organized the Mays Calculating Machine Company in Delaware, and the plaintiff brings this action for services rendered in such organization during the months of January, February, and March, 1917; and in his complaint states that he “rendered all the above named, together with other legal services for the Mays Oolculating Machine Company.” Later on in the spring and summer of 1918 the said…
1Opinion of the CourtClabk, C. J.
The defendant’s 14th assignment of error is to the following instruction of the court: “Now, if you find that this defendant company took over the liabilities and property of the first company, in other words, assumed its indebtedness, and this was done in June, 1918, and you find that this action was started in July, 1920, and you find there was an indebtedness that was actually made by this company, and its predecessor to this plaintiff for services rendered, then it would not be barred by the statute of limitations.”
This action was begun 13 July, 1920. Tbe transfer from the Mays…
2Cases cited7 opinions
- Winslow v. . MortonSupreme Court of North Carolina · 1896
- Helsabeck v. . DoubSupreme Court of North Carolina · 1914
- Palmer v. . LowderSupreme Court of North Carolina · 1914
- Vanderbilt v. ChapmanSupreme Court of North Carolina · 1917
- Barrington v. . SkinnerSupreme Court of North Carolina · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Farmers Co-Operative Fertilizer Co. v. EasonSupreme Court of North Carolina · 1927
- Vanderbilt v. . ChapmanSupreme Court of North Carolina · 1917