Gilmore v. . Smathers
Supreme Court of North Carolina
Appeal by plaintiff from Garber, J., at May Term, 1914, of Haywood. These are three actions brought by the plaintiff, as trustee in bankruptcy of the Canton Cooperative Company, against W. M. Smathers, M. Y. Moore, and George J. Williamson, severally and respectively, to recover the amount of the subscription made by each of them to the said company.
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Appeal by plaintiff from Garber, J., at May Term, 1914, of Haywood. These are three actions brought by the plaintiff, as trustee in bankruptcy of the Canton Cooperative Company, against W. M. Smathers, M. Y. Moore, and George J. Williamson, severally and respectively, to recover the amount of the subscription made by each of them to the said company. It was agreed that they should be heard together, and “any necessary and pertinent facts which are not expressed in the stipulation between the parties shall be found by the court without a jury.” The stipulation mentioned above is as follows:…
1Opinion of the Court
Walker, J.,
after stating the case: It may be said, imprimis, that we are concluded by the findings of the judge as to the facts, and can only review his conclusions of law therefrom, there being evidence to support the findings of fact, and no incompetent evidence, duly objected to, having been heard. Branton v. O’Briant, 93 N. C., 99 ; Shoaf v. Frost, 127 N. C., 306; Travers v. Deaton, 107 N. C., 500; Matthews v. Fry, 143 N. C., 384.
It seems to us that the findings of fact are a complete answer to the plaintiff’s contentions. The proposition cannot be gainsaid that M. Y. Moore & Co.*had the…
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