Fisher v. Western Carolina Bank
Supreme Court of North Carolina
ActioN by Thomas Fisher and others against the Western Carolina Bank and others, heard by Judge W. B. Gouncill and a jury, at September Term, 1902, of the Superior Court of BuNCOMBe County.
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ActioN by Thomas Fisher and others against the Western Carolina Bank and others, heard by Judge W. B. Gouncill and a jury, at September Term, 1902, of the Superior Court of BuNCOMBe County. The defendant, the Western Carolina Bank, a. banking corporation created and existing under the laws of North Carolina, doing business at Asheville, in tbe County of Buncombe, and being largely indebted to numerous persons, many of whom bad deposited money with it, and, among such depositors, to tbe plaintiff’s appellants herein several amounts respectively, executed on the 12th day of October, 1897, a…
1Opinion of the Court
Connor, J.,
after stating the facts. Plaintiffs, relying upon the doctrine announced by this court in Hancock v. Wooten, 107 N. C., 9; 11 L. R. A., 466, contends that the action brought by them for the purpose of attacking and avoiding the deed of assignment made by the defendant bank and subjecting the property to the payment of the debts of the bank, acquired a lien or preference in respect to the property and the assets of the bank over other creditors. The distinction between a general creditor’s bill brought in behalf of all the creditors of an insolvent corporation or the estate of a…
2Cases cited9 opinions
- Edmeston v. LydeNew York Court of Chancery · 1829
- Dawson Bank v. HarrisSupreme Court of North Carolina · 1881
- Hancock Bros. & Co. v. WootenSupreme Court of North Carolina · 1890
- Pocahontas Coal Co. v. Henderson Electric Light & Power Co.Supreme Court of North Carolina · 1896
- Pelletier v. Greenville Lumber Co.Supreme Court of North Carolina · 1898
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3Cited by5 opinions
- National Surety Corp. v. SharpeSupreme Court of North Carolina · 1952
- Withrell v. . MurphySupreme Court of North Carolina · 1910
- Roberts v. Bowen Manufacturing Co.Supreme Court of North Carolina · 1915
- Hart v. DailCourt of Appeals for the Fourth Circuit · 1925
- In re PennyDistrict Court, M.D. North Carolina · 1935