Holshouser v. . Copper Co.
Supreme Court of North Carolina
ActioN by J. A. Ilolsbouser Company and others against Gold Hill Copper Company, heard by Judge C. M. Cooke, at the September Term, 1904, of the Superior Court of Rowan County. This is a proceeding under the Act of 1901, Chapter 2, Sec. 13, instituted by the plaintiffs as creditors of the Gold Hill Copper Company to have a receiver appointed to take charge of its assets and apply them under the orders and directions of the court to the payment of its debts.
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ActioN by J. A. Ilolsbouser Company and others against Gold Hill Copper Company, heard by Judge C. M. Cooke, at the September Term, 1904, of the Superior Court of Rowan County. This is a proceeding under the Act of 1901, Chapter 2, Sec. 13, instituted by the plaintiffs as creditors of the Gold Hill Copper Company to have a receiver appointed to take charge of its assets and apply them under the orders and directions of the court to the payment of its debts. It is alleged in the complaint that the company has suspended its ordinary business for want of funds to carry it on; that attachments…
1Opinion
In this appeal the question is presented whether the State of New Jersey is entitled to priority or preference over the other creditors, and especially over the lien creditors, in the payment of the debts of the Copper Company out of its assets which are now in the hands of the receiver. When it was provided by the State of New Jersey that the "annual license fee or franchise tax" should be a preferred debt in case of insolvency, it was evidently the purpose that the words should apply only to such proceedings in insolvency as should be instituted in that State, for we must presume that the…
2Cases cited18 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Willitts v. . WaiteNew York Court of Appeals · 1862
- Goodwin v. ClaytorSupreme Court of North Carolina · 1904
- Hornthal v. . BurwellSupreme Court of North Carolina · 1891
- Armstrong, Cator & Co. v. BestSupreme Court of North Carolina · 1893
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