Friedenwald Co. v. Asheville Tobacco Works
Supreme Court of North Carolina
Civil action, heard on demurrer to the amended complaint, before Mclver, J., at Spring Term, 1894, of Bira-OOMBE Superior Court. The demurrer was overruled and defendant appealed.
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Civil action, heard on demurrer to the amended complaint, before Mclver, J., at Spring Term, 1894, of Bira-OOMBE Superior Court. The demurrer was overruled and defendant appealed. The amended complaint was as follows : “1. That on or about the 20th day of January, 1892, The Asheville Tobacco Works, a corporation chartered and organized under the laws of the State of North Carolina, contracted in writing with the plaintiff, and so bound and obligated itself unto him, to purchase and by said contract in writing did purchase from the plaintiff, one hundred and fifty thousand (150,000) ‘Asheville…
1Opinion of the Court
Avery, J. :
A corporation chartered and doing business in the corporate name of The Asheville Tobacco Works, became, about the 23rd of March, 1892, completely merged by a transfer of all of its property, rights and franchises, to a new company incorporated and organized by the same stockholders and directors as the Asheville Tobacco Works and Cigarette Company — the shareholders of the former company receiving two shares of stock in the new in lien of every one previously held in the old corporation. ' The new organization continued the business and adopted the contracts already made by its…
2Cases cited4 opinions
- Curtis v. Piedmont Lumber & Mining Co.Supreme Court of North Carolina · 1891
- Silver Valley Mining Co. v. Baltimore Gold & Silver Mining & Smelting Co.Supreme Court of North Carolina · 1888
- Roberts v. P. A. Deming Woodworking Co.Supreme Court of North Carolina · 1892
- Cozart v. West Oxford Land Co.Supreme Court of North Carolina · 1893
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- DeSoto Coal M. & Dev. Co. v. HillSupreme Court of Alabama · 1912
- Skirvin Operating Co. v. Southwestern Electric Co.Supreme Court of Oklahoma · 1918
- Good v. Ferguson & Wheeler Land, Lumber & Handle Co.Supreme Court of Arkansas · 1913
- Silver Valley Mining v. . Baltimore SmeltingSupreme Court of North Carolina · 1888