Glenn v. Farmers' Bank of North Carolina
Supreme Court of North Carolina
Civil action, tried before Henry, J, at December (special) Term, 1874, of Guilfoed Superior Court. The facts necessary to an understanding of the case are set out in the case of Glenn v. Farmer's Bank of K. C., 71 JST.
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Civil action, tried before Henry, J, at December (special) Term, 1874, of Guilfoed Superior Court. The facts necessary to an understanding of the case are set out in the case of Glenn v. Farmer's Bank of K. C., 71 JST. C. Rep., 191. The defendant demurred to the complaint, alleging— L. That it is admitted in the complaint that the plaintiff has other actions pending in this Court, by appeal, and yet undetermined, against the defendant for the same cause of action. 2. That in the complaint several causes of action have been improperly united, namely: 1. An alleged right to recover against the…
1Opinion of the Court
PeaesoN, O. J.
The plaintiffs’ action is very complicated, both in respect to parties plaintiffs and parties defendants, and also in regard to the causes of action against the bank, and the causes of action against the stockholders. It remains to be seen whether he will be able to surmount all of the difficulties that lie in his way, so as to reach the stockholders individually.
The charter makes the stockholders individually liable, in case of the insolvency of the bank. So assuming, as is admitted by the demurrer, that the bank is insolvent, the plaintiff has a good cause of action, whereby…
2Cited by11 opinions
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