Davis v. Industrial Manufacturing Co.
Supreme Court of North Carolina
This was a civil actiox, tried at January Term, Í.893, of New HaNOVER Superior Court, before Brown, J. It was agreed that the Court find the facts, a jury trial being waived and entered of record. The Court found the following facts: “The plaintiff is the assignee of the Bank of New Hanover, a hanking corporation which did business in the city of Wilmington.
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This was a civil actiox, tried at January Term, Í.893, of New HaNOVER Superior Court, before Brown, J. It was agreed that the Court find the facts, a jury trial being waived and entered of record. The Court found the following facts: “The plaintiff is the assignee of the Bank of New Hanover, a hanking corporation which did business in the city of Wilmington. Said assignment was made June 19, 1893. On same day the plaintiff was appointed receiver of said bank and of the assets of said bank so assigned to him. The plaintiff was also appointed receiver again July 12, 1892, in suit of Tate,…
1Opinion of the Court
Bukwell, J.:
The plaintiff is the receiver of a banking corporation, the insolvency of which is alleged. Immediately before his appointment as such receiver the bank made to him a general assignment of all its property for the benefit of its creditors. -In the proceedings instituted to effect a winding up of. its affairs, in which, as stated above, the plaintiff was appointed receiver, it was adjudged that that assignment was' “in contravention of the laws of North Carolina in such cases made and provided.” By that adjudication, as seems conceded, his title to the assets as assignee was…
2Cases cited10 opinions
- McNeill v. . HodgesSupreme Court of North Carolina · 1890
- R. H. Battle v. . S.W. DavisSupreme Court of North Carolina · 1872
- State Ex Rel. Pate v. OliverSupreme Court of North Carolina · 1889
- Rountree v. . Britt and VinsonSupreme Court of North Carolina · 1886
- Adams v. First National Bank of WinstonSupreme Court of North Carolina · 1893
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3Cited by39 opinions
- Meadowcroft v. PeopleIllinois Supreme Court · 1896
- Brown v. Sheldon State BankSupreme Court of Iowa · 1908
- Citizens Bank v. Bradley, ExaminerSupreme Court of South Carolina · 1926
- People v. Cal. Safe Deposit & Tr. Co.California Supreme Court · 1914
- In Re BrittonUnited States Bankruptcy Court, E.D. North Carolina · 1988
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