Forsaith MacHine Co. v. Hope Mills Lumber Co.
Supreme Court of North Carolina
Appeal from Superior Court, Cumberland County, Boy-kin, J., presiding. The plaintiffs are creditors of the defendant corporation, having debts for very considerable sums of money.
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Appeal from Superior Court, Cumberland County, Boy-kin, J., presiding. The plaintiffs are creditors of the defendant corporation, having debts for very considerable sums of money. In the complaint they allege their debts; that they have a mortgage of the defendant’s property, both real and personal, of large value, to secure the same; that the defendant company and its officers fraudulently prevented the registration of their mortgage until after it had confessed fraudulent judgments for divers large sums of money in favor of certain of its officers and stockholders, and had executed and…
1Opinion of the CourtMerkiMON, C. J.
after stating the case: The first exception is groundless. It appears from the record that the Court did find the facts very fully from the evidence in favor of and against the motion for a receiver, and upon such findings based the order appealed from. It seems that the appellants objected that such findings were not reduced to writing at once before or after tlreent^ of the order appointing the receivers. It was not essential that this should have been done. It was sufficient that it was done within a reasonable time, though it would be better that it should be done as promptly as…
2Cited by6 opinions
- Olmstead v. Distilling & Cattle-Feeding Co.U.S. Circuit Court for the Northern District of Illnois · 1895
- Kelly v. . McLambSupreme Court of North Carolina · 1921
- Rosenbacher v. . MartinSupreme Court of North Carolina · 1915
- Pearce Brothers & Co. v. ElwellSupreme Court of North Carolina · 1895
- Murphy v. PattersonMontana Supreme Court · 1901
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