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121 N.C. 126

28 S.E 188

Meares v. Davis

Supreme Court of North Carolina

Decided September 15, 1897

Supreme Court of North Carolina · decided 1897-09-15

In an action for the foreclosure of a mortgage pending in New HaNOVER Superior Court, the defendants filed the following petition in the 'cause: “The defendants in the above entitled action show to the Court: First. — -That at the January term, 1897, of this Court upon the complaint herein filed, a decree by consent was rendered against the defendants, adjudging the defendants Samuel J. Davis, A. H. Zoeller and V. E. Zoeller to be indebted to the plaintiff Receivers 'in the…

Cited by 2 later decisions — most recently November 1901

1 federal appellate ·

Good law ✅— No negative treatment on recordhow we know

Decided 1897-09-15

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Furches, J.:

¶1This is a petition in the cause filed by the defendant corporator of the insolvent “Carolina Inter-State *129Building & Loan Association.” It asks the -Judge to make au order requiring- the receivers to pay the petitioners $382.27 now in the hands of the receivers, arising from a sale of the defendant- petitioner’s property. It is admitted that $382.27 is their pro rata proportion of the deficiency of this defaulting Association.

¶2To grant the order asked for would be to relieve the petitioners from the burdens of the defalcations of their insolvent Association, at the expense of their associate corporators.

¶3We cannot discuss this proposition. It has so recently been discussed and decided b_y this Court that we will only refer to these cases — Strauss v. B. & L. Asso., 117 N. C., 308; S. C., 118 N. C., 556; Thompson v. B. & L. Asso., 120 N. C., 420. These cases seein to settle the question raised by the petition — especially the last case cited where the very question is discussed.

¶4The Court properly refused to make the order prayed for, and tlie ruling of the Court below is

¶5Affirmed.

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