Wadesboro Cotton Mills Co. v. Burns
Supreme Court of North Carolina
Civil actioN by' the plaintiff corporation to recover from the defendant his unpaid subscription to the stock of the corporation, tried before Shuford, J., and a jury, at November Term, 1893, of Anson Superior Court. The facts appear in the opinion of Chief Justice Shepherd. From a judgment for the plaintiff defendant appealed.
1Opinion of the Court
Shepherd, C. J.:
Conceding, what does not seem to be very clear, that the Clerk of the Superior Court, being a corporator, had no authority to probate the articles of incorporation upon the oath of a subscribing witness, and also to acknowledge its execution by himself, and that the incorporation of the plaintiff company was for that reason irregular, we are unable to see how the supposed defect is available as a defence under the circumstances of this case.
In Swartwont v. Michigan Air Line Railroad Co., 24 Mich., 389, Cooley; J., in delivering the opinion of the Court, said : “That where…
2Cases cited3 opinions
- Swartwout v. Michigan Air Line RailroadMichigan Supreme Court · 1872
- Marshall Foundry Co. v. . KillianSupreme Court of North Carolina · 1888
- Womble v. . LittleSupreme Court of North Carolina · 1876
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- Tar River Navigation Co. v. NealSupreme Court of North Carolina · 1825