Bridgers v. First National Bank
Supreme Court of North Carolina
Appeal from Cooke, J., heard at chambers, in Nance County, 8 October, 1909, by consent, in an action arising in Edgecombe. This was a civil action instituted in the Superior Court of Edgecombe County, on motion to continue the restraining order issued. His Honor continued the restraining order and enjoined the defendants from putting the agreement hereinafter stated into effect, or taking any action thereunder.
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Appeal from Cooke, J., heard at chambers, in Nance County, 8 October, 1909, by consent, in an action arising in Edgecombe. This was a civil action instituted in the Superior Court of Edgecombe County, on motion to continue the restraining order issued. His Honor continued the restraining order and enjoined the defendants from putting the agreement hereinafter stated into effect, or taking any action thereunder. It was admitted that the First National Bank of Tarboro was duly organized under the National banking act, and was conducting a general banking business as authorized by law; that…
1DissentBrown, J.
Power Co., to which I assented, is controlling here except in respect of section 2 of the agreement; but subsequent investigation and reflection have convinced me that the principle there enunciated should be somewhat modified. I do not think this Court should adhere to a cast-iron rule regardless of conditions, which will .deprive the stockholders of a private corporation of the only effectual remedy which will prevent the control of their property from falling into the hands of a single individual, to be used, possibly, to further his own purposes. In saying this I mean no reflection upon…
2Cases cited10 opinions
- Northern Securities Co. v. United StatesSupreme Court of the United States · 1904
- Smith v. San Francisco & North Pacific Railway Co.California Supreme Court · 1897
- Williams v. . MontgomeryNew York Court of Appeals · 1896
- Shepaug Voting Trust CasesSupreme Court of Connecticut · 1890
- Faulds v. YatesIllinois Supreme Court · 1870
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