First Carolinas Joint Stock Land Bank of Columbia v. Courtway
Supreme Court of North Carolina
1Opinion of the CourtBhogdeN, J.
Does a resolution, passed by the board of directors of a corporation, indemnifying the maker of a promissory note which is secured by deed of trust, against loss claim or demand by reason of the execution of the note, impose personal liability upon said directors to the payee of said note?
The plaintiff seeks to recover from the directors upon three major theories, to wit : (a) The statute of frauds does not apply to the transaction; (b) the plaintiff, Land Bank, is the contemplated beneficiary of the indemnity agreement; (c) plaintiff is entitled to recover by reason of the application of the…
2Cases cited4 opinions
- Gorrell v. Greensboro Water Supply Co.Supreme Court of North Carolina · 1899
- Federal Land Bank of Columbia v. Atlas Assurance Co.Supreme Court of North Carolina · 1924
- Asbury v. . MauneySupreme Court of North Carolina · 1917
- J. S. Schofield's Sons Co. v. BaconSupreme Court of North Carolina · 1926
3Cited by2 opinions
- Smith v. City of GastoniaSupreme Court of North Carolina · 1939
- Gennett v. . LyerlySupreme Court of North Carolina · 1934