Blalock v. Kernersville Manufacturing Co.
Supreme Court of North Carolina
Civil action, heard upon exceptions'to referee’s report, at February Term, 1891, of Forsyth Superior Court, Bynum, J., presiding. This is a creditor’s action brought against the defendant corporation, which was organized under and in pursuance of the statute (The Code, § 677). This corporation is indebted' to divers creditors for considerable sums of money, and is insolvent.
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Civil action, heard upon exceptions'to referee’s report, at February Term, 1891, of Forsyth Superior Court, Bynum, J., presiding. This is a creditor’s action brought against the defendant corporation, which was organized under and in pursuance of the statute (The Code, § 677). This corporation is indebted' to divers creditors for considerable sums of money, and is insolvent. While it was so indebted, on the 11th day of June, 1886, it executed a deed of trust to C. W. Hunt, which was duly registered, whereby it conveyed to him all its property of every kind whatsoever to secure a debt due to…
1Opinion of the CourtMerrimon, C. J.
after stating the case: The exceptions, based upon the ground that the referee failed to find certain facts which the appellant deemed important, are untenable. The objection, if. well founded, was ground for a motion to recommit the report with appropriate instructions to make inquiry and find that the facts did or did not exist. Williams v. Whiting, 92 N. C., 683; Scroggs v. Stevenson, 100 N. C., 354.
The shares of the capital stock of the defendant corporation were the lawful subjects of purchase and sale, might be bought and sold in the market, and in the absence of statutory provision to…
2Cases cited6 opinions
- Grant v. . HughesSupreme Court of North Carolina · 1887
- Scroggs v. . StevensonSupreme Court of North Carolina · 1888
- Williams, Black Co. v. . WhitingSupreme Court of North Carolina · 1885
- Duke v. . MarkhamSupreme Court of North Carolina · 1890
- Booth v. . CarstarphenSupreme Court of North Carolina · 1890
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3Cited by25 opinions
- Porter v. Plymouth Gold Mining Co.Montana Supreme Court · 1904
- San Antonio Hardware Co. v. SangerCourt of Appeals of Texas · 1912
- Atlanta & Walworth Butter & Cheese Ass'n v. SmithWisconsin Supreme Court · 1910
- Merchants National Bank of Richmond v. Newton Cotton MillsSupreme Court of North Carolina · 1894
- United States Mineral Co. v. Camden & DriscollSupreme Court of Virginia · 1907
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