Dobson v. . Simonton
Supreme Court of North Carolina
Civil ACTION, in the nature of a creditor’s bill, heard by MacRae, Judge, upon exceptions to the report of a referee, at February Term, 1886, of Ibedell Superior Court. The statute (Pr. Acts, 1869-’70, ch. 64,) authorized the organization of the ‘‘Bank of Statesville,” with a capital stock not exceeding $500,000. Such bank was never in fact organized, but certain parties subscribed for shares of stock, preparatory to a contemplated organization of it.
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Civil ACTION, in the nature of a creditor’s bill, heard by MacRae, Judge, upon exceptions to the report of a referee, at February Term, 1886, of Ibedell Superior Court. The statute (Pr. Acts, 1869-’70, ch. 64,) authorized the organization of the ‘‘Bank of Statesville,” with a capital stock not exceeding $500,000. Such bank was never in fact organized, but certain parties subscribed for shares of stock, preparatory to a contemplated organization of it. R. F. Simonton professed to be Cashier of such a bank, and Samuel McD. Tate was held out to the business •community as President thereof, and…
1Opinion of the CourtMerrimoN, J.
(after stating the facts). It was earnestly contended by counsel on the argument before us, that the appellant's action mentioned against Tate was founded upon a tort., and his recovery thereon was damages for a tortious injury, and therefore his debt against the supposed bank referred to, remained unpaid, and unaffected by such recovery, and he has the right to share in the assets of the bank to be distributed to its creditoi’s in this action, to the extent of the whole of his alleged debt.
If this contention were well founded, it is not at all certain that the appellant would be entitled to…
2Cases cited1 opinion
- Hauser v. . TateSupreme Court of North Carolina · 1881
3Cited by1 opinion
- Dobson v. . SimontonSupreme Court of North Carolina · 1888