Legal Opinion

Houston v. . Thornton

Supreme Court of North Carolina

Decided April 5, 1898PublishedCited by 30 opinions

Civil action tried before Adams, J., and a jury at Fall Term, 1897, of Chatham Superior Court. The facts appeal' in the opinion. There was á verdict for the plaintiff and from the judgment thereon the defendants appealed.

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Civil action tried before Adams, J., and a jury at Fall Term, 1897, of Chatham Superior Court. The facts appeal' in the opinion. There was á verdict for the plaintiff and from the judgment thereon the defendants appealed. The plaintiff also appealed from the refusal of judgment in her favor for the amount of a judgment which had been taken against her by the Receiver of the People’s National Bank of Fayetteville for an assessment under the personal liability attaching to her as a stock-holder which judgment she had not paid.

1Dissent · DouglasDouglas, J.

The issues tendered by the defendant presented the question whether there had been fraud and misrepresentation on the part of the defendants. Those settled by the Court at the close of the plaintiff's evidence presented the inquiry whether there had been (367) negligence and wrongful acts by which the plaintiff had been damaged. The latter were proper upon the pleadings.

The plaintiff complained that the board of directors of The People's National Bank, among whom were the defendants, in February, 1890, and at sundry other times, before and after, caused to be published reports of the status…

Also in this document: Dissent · Douglas.

2Cases cited10 opinions

  1. Seale v. BakerTexas Supreme Court · 1888
  2. United Society of Shakers v. UnderwoodCourt of Appeals of Kentucky · 1873
  3. Webster v. . SharpeSupreme Court of North Carolina · 1895
  4. Delano v. CaseIllinois Supreme Court · 1887
  5. Kinkler v. JunicaTexas Supreme Court · 1892

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3Cited by30 opinions

  1. Gilbert v. BagleyDistrict Court, M.D. North Carolina · 1980
  2. Cotten v. Republic National Bank of DallasCourt of Appeals of Texas · 1965
  3. State Ex Rel. Brooks v. CookMontana Supreme Court · 1929
  4. Besseliew v. . BrownSupreme Court of North Carolina · 1919
  5. Brown v. Underwriters at Lloyd'sWashington Supreme Court · 1958

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