Vaughan-Robertson Drug Co. v. Grimes-Mills Drug Co.
Supreme Court of North Carolina
Civil actioN, heard before Long, J., at November Term, 1916, of Forsyte, upon exceptions to the report of a referee. The drug company failed in business after a very brief career, and its affairs and assets were placed in the hands of a receiver by proper proceedings under the statute, and ho has brought this suit to recover certain sums of money which he alleges are due to the company by the defendants upon their several subscriptions to its capital stock.
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Civil actioN, heard before Long, J., at November Term, 1916, of Forsyte, upon exceptions to the report of a referee. The drug company failed in business after a very brief career, and its affairs and assets were placed in the hands of a receiver by proper proceedings under the statute, and ho has brought this suit to recover certain sums of money which he alleges are due to the company by the defendants upon their several subscriptions to its capital stock. The case was duly referred to Mr. Philip Williams, who submitted to the court an unusually clear and concise report. The drug company was…
1Opinion of the Court
Walker, J.,
after stating the case: It will not be necessary to state the testimony introduced to support the second of the findings of fact, as it appears above, or the twenty-fourth, as it appears in the referee’s report, the judge having held that there was evidence sufficient to warrant the finding, in which ruling we concur, and disapproved the finding upon the ground only that the testimony in support of it is incompetent. The evidence is substantially like the facts found by the referee, and the question is whether it was competent to hear the evidence and consider those facts in coming…
2Cases cited15 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Sawyer v. HoagSupreme Court of the United States · 1873
- Handley v. StutzSupreme Court of the United States · 1891
- Burke v. SmithSupreme Court of the United States · 1873
- McNulta v. Corn Belt BankIllinois Supreme Court · 1896
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- Windsor Redrying Co. Ex Rel. Gillam v. GurleySupreme Court of North Carolina · 1929
- Hood Ex Rel. North Carolina Bank & Trust Co. v. North Carolina Bank & Trust Co.Supreme Court of North Carolina · 1936