Cheesborough v. Sanatorium.
Supreme Court of North Carolina
AotioN by T. P. Gheesborough and others against the Asheville Sanatorium, heard by Judge W. A. Moke, at May Term, 1903, of the Superior Court of Buncombe County. This action was brought by the plaintiffs for the purpose of enforcing the execution of the trusts declared in a certain deed executed by the defendant corporation to J. Si. Adams. Charles MeNamee was appointed receiver.
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AotioN by T. P. Gheesborough and others against the Asheville Sanatorium, heard by Judge W. A. Moke, at May Term, 1903, of the Superior Court of Buncombe County. This action was brought by the plaintiffs for the purpose of enforcing the execution of the trusts declared in a certain deed executed by the defendant corporation to J. Si. Adams. Charles MeNamee was appointed receiver. At August Term, 1899, the plaintiffs were allowed to make themselves parties to such action, and filed their complaint therein. The cause was submitted to his Honor upon an agreed state of facts. The defendant was on…
1Opinion of the Court
CONNOR, J.,
after stating tbe ease. The exception to the judgment of his Honor involves the construction of section 1255 of The Code as amended by chapter 334, Public Laws 1897. The section of The Code as originally enacted declared that “mortgages of incorporated companies * * * shall not have power to exempt the property of such incorporations from execution for labor performed, nor for material furnished, nor for torts committed.” This section was construed by this Court in Coal Co. v. Electric Light Co., 118 N. C., 232, (1896). The General Assembly at the session of 1897 amended the…
2Cases cited4 opinions
- Pocahontas Coal Co. v. Henderson Electric Light & Power Co.Supreme Court of North Carolina · 1896
- Burr v. . MaultsbySupreme Court of North Carolina · 1888
- Broyhill v. . GaitherSupreme Court of North Carolina · 1896
- Cumming v. . BloodworthSupreme Court of North Carolina · 1882
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- Guaranty Title & Trust Co. v. ThompsonSupreme Court of Florida · 1927
- McAdams v. Piedmont Trust Co.Supreme Court of North Carolina · 1914
- Nelson v. Stockton Mortgage Co.Supreme Court of Florida · 1930
- Cox v. New Bern Lighting & Fuel Co.Supreme Court of North Carolina · 1910
- Larrissey v. Norwalk Truck Lines, Inc.Ohio Supreme Court · 1951
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