Deep River Gold Mining Co. v. Fox
Supreme Court of North Carolina
This was an appeal, both by the plaintiffs and the defendant, from certain interlocutory orders made by the Court of Equity of Guilford County, at the Fall Term, 1845, his Honor Judge Dick presiding.
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This was an appeal, both by the plaintiffs and the defendant, from certain interlocutory orders made by the Court of Equity of Guilford County, at the Fall Term, 1845, his Honor Judge Dick presiding. The bill charges, that the plaintiffs, by ah Act of the General Assembly, passed in the year 1835, were incor1porated by the name of the Deep River Gold Mining Company, and as such were organized and commenced business in the year 1835, and continued to carry it on until finally suspended. The officers' of said company at the time the bill was filed, consisted of a President, Granville Sharp…
1Opinion of the CourtNash, J.
We think his Honor erred, and that the injunction ought to have been dissolved in full.
The plaintiffs, by their bill, rest their claim to relief upon three grounds: First, that the defendant, when he made his purchase,was their agent, and in this Court will be held to be a trustee for their benefit. 2d, that the judg-_ ment was fraudulently obtained, no process having been ever served upon the President of the company or any Stock-holder, and no defence having been made for them. And, 3dly, that the defendant was guilty of a fraud in purchasing from them the ore as set forth in the bill,…
Also in this document: Per curiam.
2Cited by4 opinions
- Swindell v. . LathamSupreme Court of North Carolina · 1907
- Lamb v. Baxter.Supreme Court of North Carolina · 1902
- Texas Pacific Coal & Oil Co. v. HowardCourt of Appeals of Texas · 1919
- Dowd v. . HolbrookSupreme Court of North Carolina · 1910