Thompson v. . Shepherd

We think the main exception and assignment of error, made by plaintiff and determinative of this controversy: Did the court below err in refusing plaintiff’s motion for a directed verdict at the close of all the evidence? We cannot so hold.

In Hill v. Lumber Co., 113 N. C., at p. 116, we find: “Neither can there be any doubt that the capital stock and property of the corporation, in case of its insolvency, constitute a fund, first for the satisfaction of its creditors, and next for the shareholders.”

The principle is thus stated in Wall v. Rothrock, 171 N. C., at p. 391: “There is no doubt that…