Battery Park Bank v. Western Carolina Bank
Supreme Court of North Carolina
Civil ActioN by tbe Battery Park Bank against the Western Carolina Bank, heard by Judge O. II. Allen, at November Term, 1900, of Buncombe Superior Court' A receiver was appointed for the defendant, which was insolvent, and from a judgment as to distribution of funds, receiver George H. Smathers, and the creditors other than those in wfiose favor judgment was rendered, appealed.
1Opinion of the CourtClark, J.
On October l'J, 1897, the defendant bank became insolvent, closed its doors, and executed an assignment for the benefit of all its creditors. On the morning of October 12th,the plaintiffs sued out a summons in a creditors’ bill to wind up its affairs, and filed an affidavit for the appointment of a receiver. On said October 12th a temporary receiver was appointed by Judge Ewart, of the Circuit Court of Buncombe, etc., who was by him made permanent receiver on the next day. At night on October 13 th the same person was appointed a temporary receiver by Judge Norwood, the Judge of the Superior…
2Cases cited7 opinions
- Pelletier v. Greenville Lumber Co.Supreme Court of North Carolina · 1898
- Knower v. Central National BankNew York Court of Appeals · 1891
- Davenport v. . KellyNew York Court of Appeals · 1870
- Wilson Cotton Mills v. Randleman Cotton MillsSupreme Court of North Carolina · 1895
- Langston v. Greenville Land & Improvement Co.Supreme Court of North Carolina · 1897
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- In Re. American Slicing Machine Co.Supreme Court of South Carolina · 1923
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