Bank of Washington v. Creditors of Said Bank

80 N.C. 9

• Court: Supreme Court of North Carolina
• Decided: January 5, 1879
• Status: Published

Opinion

Dillard, J.

The plaintiff bank surrendered its charter and filed a bill in the court of equity to close its business under an act of the General Assembly, passed on the 12th of March, 1866; and in the course of the cause, John G. Blount by a decree of the court was appointed a commissioner to collect and apply the assets of the bank to the creditors and bill holders as he might be ordered. From time to time, orders of distribution were made, and at the special term of the court in December, 1877, on motion, Calvin J. Cowles was allowed to file certain bills belonging to him, so as to participate in the assets thereafter to come under the control of the court, and John G. Blount appealed from this order.

There is no statement of the case signed by the parties or by the judge who made the order appealed from, no errors are pointed out, and we are unable to pass on the correctness of the order allowing Cowles to file his bills. We know that in distributing a fund, courts of equity will allow a creditor to come in subsequently to the time fixed for presentation and proof of claims against the estate, if he was bona fide ignorant of the proceedings previously had; but under what circumstances Cowles was allowed to file his bills does in no manner appear, and we cannot therefore review the order. In such case, the settled practice of this court is to affirm the order appealed from. Meekins v. Tatem, 79 N. C., 546.

No error. • Affirmed.