Von Glahn v. Lattimer

Decided June 15, 1875

Supreme Court of North Carolina · decided 1875-06-15

Civil actioN, tried at the Spring Term, 1875, of New Hano - VER Superior Court, before his Honor, Judge McKoy. This was an action to recover of the defendant as ex’r. of Henry Savage, double the par value of thirty-two shares of stock owned by the intestate in “ The President and Directors of the Commercial Bank of Wilmington ” under the provisions of the charter of said bank, tried before McKoy, Judge, at January Term, 1875, of New Hanover Superior Court.

Decided 1875-06-15

PeaesoN, C. J.

¶1It is held in Ton Glahn v. Harris, at this term that all of the creditors of the bank are necessary parties plaintiff, and must be made plaintiffs directly, or by construction, in an action in the names of one or more of the creditors,, in behalf of themselves and all of the other creditors who may come in and take part in the proceedings, prove their debts, &c.

¶2That point of law was reserved by his Honor and certain issues submitted to a jury. The case goes on one of the points of law. So his ruling upon the issues are superceded.

¶3No error in the judgment.

Pee Cueiam.

¶4Judgment affirmed.