Legal Opinion

Corporation Commission v. Bank.

Supreme Court of North Carolina

Decided March 28, 1905PublishedCited by 21 opinions

State of North Carolina, on tbe relation of the- North Carolina Corporation Commission against the Merchants and Farmers Bank of Dunn, N. C., W. A. Stewart, receiver. In the matter of the claim of the Yoight Milling Company against the assets of the Merchants and Banners Bank of Dunn, N. C., now in the hands of W. A. Stewart, receiver, heard before Judge B. F. Long, at the November Term, 1904, of the Superior Court of HaeNett County.

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State of North Carolina, on tbe relation of the- North Carolina Corporation Commission against the Merchants and Farmers Bank of Dunn, N. C., W. A. Stewart, receiver. In the matter of the claim of the Yoight Milling Company against the assets of the Merchants and Banners Bank of Dunn, N. C., now in the hands of W. A. Stewart, receiver, heard before Judge B. F. Long, at the November Term, 1904, of the Superior Court of HaeNett County. The defendant, the said bank, W. A. Stewart, receiver, being in liquidation, the claimant, the Yoight Milling Company, duly presented its claim to the receiver…

1Opinion of the Court

Hoke, J.,

after stating the case. Tbe Voight Milling Company, holding a claim against the defendant bank, demanded priority of payment from the assets of the bank, and the receiver to whom the matter was referred disallowed this demand and held that the claimant was only entitled to share pro rata in such assets as a general creditor. The Judge below sustained the ruling of the receiver and the Voight Milling Company excepted and appealed.

The facts upon which this ruling was made are, in substance, as follows: Just prior to the suspension of the Merchants and Farmers Bank, the Voight Milling…

2Cases cited6 opinions

  1. McLeod v. EvansWisconsin Supreme Court · 1886
  2. Nonotuck Silk Co. v. FlandersWisconsin Supreme Court · 1894
  3. Manufacturers' National Bank v. Continental BankMassachusetts Supreme Judicial Court · 1889
  4. Sayles v. CoxTennessee Supreme Court · 1895
  5. First National Bank of Richmond v. DavisSupreme Court of North Carolina · 1894

1 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Citizens Bank v. Bradley, ExaminerSupreme Court of South Carolina · 1926
  2. Ellerbe v. Studebaker Corporation of AmericaCourt of Appeals for the Fourth Circuit · 1927
  3. First Nat. Bank of Ventura v. WilliamsDistrict Court, E.D. North Carolina · 1926
  4. Flack v. . Hood, Comr.Supreme Court of North Carolina · 1933
  5. Malloy v. Federal Reserve Bank of RichmondDistrict Court, E.D. North Carolina · 1922

16 more not listed; retrieve them via the Exa API.

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