Legal Opinion

Braswell v. . Morrow

Supreme Court of North Carolina

Decided January 31, 1928PublishedCited by 10 opinions

1Opinion of the CourtBeogdbN, J.

The determinative question of law is this: Does a formal release of one director of a building and loan association, who was also secretary-treasurer and general manager thereof, discharge the other directors from liability for failure to perform their official duties ? The law is: “Directors and managing officers of a corporation are deemed by the law to be trustees, or gmwi-trustees, in respect to the performance of their official duties incident to corporate management, and are therefore liable for either wilful or negligent failure to perform their official duties. Therefore, if there is…

2Cases cited10 opinions

  1. Brown v. Town of LouisburgSupreme Court of North Carolina · 1900
  2. Besseliew v. . BrownSupreme Court of North Carolina · 1919
  3. State Ex Rel. North Carolina Corp. Commission v. Harnett County Trust Co.Supreme Court of North Carolina · 1926
  4. Smith v. South & Western RailroadSupreme Court of North Carolina · 1909
  5. Sircey v. Hans Rees' SonsSupreme Court of North Carolina · 1911

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3Cited by10 opinions

  1. Scott v. . BryanSupreme Court of North Carolina · 1936
  2. Simpson v. PlylerSupreme Court of North Carolina · 1963
  3. Tuttle v. Junior Building Corp.Supreme Court of North Carolina · 1948
  4. Minnis v. . SharpeSupreme Court of North Carolina · 1930
  5. King v. . PowellSupreme Court of North Carolina · 1941

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