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North Carolina Reports Volume 84; Cases Argued and Determined in the Supreme Court of North Carolina

North Carolina Reports Volume 84; Cases Argued and Determined in the Supreme Court of North Carolina


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Davidson r. Alexander. directing any modification to be made in the order of the clerk appointing a receiver and that the defendant's motion should be overruled. Error. Reversed. W. F. DAVIDSON V. M. E. ALEXANDER. Confessed Judgment?Corporations?-Parol Evidence. 1. Judgment confessed tinder section 320 of the Code must contain a concise, verified statement of the facts, circumstances, business transaction and consideration out of which the indebtedness arose, to meet the requirements of the statute; and this, to give the court Jurisdiction and enable other creditors to test the bona fides of the transaction by which a particular debt is preferred; Hence a judgment confessed upon the statement that defendant is indebted to plaintiff in a certain sum arising from the acceptance of a draft, setting out a copy thereof, is irregular and void. 2. A judgment against one as president of a corporation docs not affect the property of the corporation. 3. Where a Judgment is confessed by one person against himself and so entered of record, parol evidence is not admissible to show that it was intended to have been entered against another. (fa. Co. v. Hicks, 3 Jonea, 58; AycocJt v. R. It. Co., G .Tone?, 232, cited and approved.) Civil Action tried at Fall Term, ]880, of Mecklenburg Superior Court, before Seymour, J. In this action, the plaintiff seeks to recover of the defendant, who is the sherill' of Mecklenburg county, for refusing to apply a sum of money, which he had realized by a sale of the lands of an incorporated company known as The Empire Gold Mining Company, in satisfaction of a judgment in plaintiff's favor against the company. Davidson e. Alexander. In support of his allegations, the plaintiff offered in evidence a record of a judgment by c...


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Product Details
  • ISBN-13: 9780217853095
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 288
  • Spine Width: 15 mm
  • Width: 189 mm
  • ISBN-10: 0217853099
  • Publisher Date: 07 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 517 gr


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North Carolina Reports Volume 84; Cases Argued and Determined in the Supreme Court of North Carolina
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