Delacy v. Neuse River Navigation Co.
Supreme Court of North Carolina
From Wake. This was an application for a mandamus, originally made to the Superior Court of Wake, and. upon its refusal to grant the writ, brought by the appeal of the petitioner to this Court.
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From Wake. This was an application for a mandamus, originally made to the Superior Court of Wake, and. upon its refusal to grant the writ, brought by the appeal of the petitioner to this Court. The petitioner stated on affidavit, that he subscribed for 250 shares in the Neuse River Navigation Company, established by acts of the Legislature passed in 1812, ch. 89, and in 1816, ch. 16. That for the, purpose of paying his first instalments on the 1st ox,May, 1818, he tered into a contract with the President and Directors of the Company, whereby he engaged on his part, within six months to afford…
1Opinion
The applicant was once a corporator, for it was not imperative on the stockholders at their first meeting to strike off those who failed to pay. They did not do it; they received him and others without requiring payment; he voted with them as a corporator; in fact, their order of removal shows that he was, before the removal, one of their body. I shall pass over every other point made in the case but one; that is, that the applicant was removed by the stockholders at some meeting subsequent to the first, for failing to make payment, and this withoutany notice to him; for it may be considered…
2Cases cited2 opinions
- Everett v. . SmithSupreme Court of North Carolina · 1853
- State v. . JonesSupreme Court of North Carolina · 1840