Wilson Shober v. . the Bank of Lexington .
Supreme Court of North Carolina
This was a civil aotiow, to recover the amount of certain bank bills, tried at the December (Special) Term, 1873, of the Superior Court of Guilfoed county, before his Honor, Judge Henry, upon complaint and demurrer.
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This was a civil aotiow, to recover the amount of certain bank bills, tried at the December (Special) Term, 1873, of the Superior Court of Guilfoed county, before his Honor, Judge Henry, upon complaint and demurrer. The following are substantially the only facts necessary to be stated, as bearing upon the points decided at this stage of the case: The Bank of Lexington was chartered by the Act of 1858-59, chap. 68, to continue to 1st January, 1885, with power to establish a branch at Graham, in the county of Ala-mance ; provided 1000 shares of the stock was subscribed for at Graham. The…
1Opinion of the Court
Read®, J.
We are of the opinion that none of the causes of demurrer are sufficient, because,
1. It is a creditor’s bill and all the creditors are, or may come in and be parties, and share the recovery;
2. The Bank of Lexington represents its stockholders who ■are secondarily liable)
3. For the same reason as in the second above"5
4. The several causes are all connected and can be settled in the same action ;
5. The demand was made not of the Branch Bank of Graham, it is true, for that had gone out of existence, but at and of the Bank of Graham, which had undertaken to redeem them ; and a reasonable…
2Cases cited2 opinions
- York v. LandisSupreme Court of North Carolina · 1871
- Jarratt v. . MartinSupreme Court of North Carolina · 1874
3Cited by3 opinions
- Long v. Bank of YanceyvilleSupreme Court of North Carolina · 1879
- Liverman v. CahoonSupreme Court of North Carolina · 1911
- Sinclair v. . McBrydeSupreme Court of North Carolina · 1883