Crutchfield v. . Hunter

Supreme Court of North Carolina

Crutchfield v. . Hunter

50 S.E. 557, 138 N.C. 54, 1905 N.C. LEXIS 227

CourtSupreme Court of North Carolina

DecidedApril 11, 1905

StatusPublished

Cited by2 cases

This text of 50 S.E. 557 (Crutchfield v. . Hunter) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Crutchfield v. . Hunter, 50 S.E. 557, 138 N.C. 54, 1905 N.C. LEXIS 227 (N.C. 1905).

Pincite

Opinion

Brown, J.

The plaintiff was a depositor with the Bank of Guilford, and on the 31st day of July, 1898, deposited with it $290 and took a receipt from the cashier therefor on one of the deposit slips of the bank. He has not been given credit for this deposit on his account with the bank and never has been credited with it, or had it paid to him in any *55 settlement with the bank or in any other way. The bank failed, and on the third day of January 1899 a receiver was appointed to take charge of its assets, at the instance of a creditor in an action brought on behalf of himself and all other creditors.

This action cannot be maintained. The remedy of the plaintiff is to file his petition in the original cause wherein a receiver was appointed. Upon the hearing of his petition and the answer of the receiver thereto, the pleas raised will be adjudicated. The case of Dobson v. Simonton, 93 N. C., 268 is “on all fours” and the opinion presents a full discussion of the subject.

Let this action be dismissed without prejudice.

Dismissed.

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Brown, J.

The plaintiff was a depositor with the Bank of Guilford, and on the 31st day of July, 1898, deposited with it $290 and took a receipt from the cashier therefor on one of the deposit slips of the bank. He has not been given credit for this deposit on his account with the bank and never has been credited with it, or had it paid to him in any *55 settlement with the bank or in any other way. The bank failed, and on the third day of January 1899 a receiver was appointed to take charge of its assets, at the instance of a creditor in an action brought on behalf of himself and all other creditors.

This action cannot be maintained. The remedy of the plaintiff is to file his petition in the original cause wherein a receiver was appointed. Upon the hearing of his petition and the answer of the receiver thereto, the pleas raised will be adjudicated. The case of Dobson v. Simonton, 93 N. C., 268 is “on all fours” and the opinion presents a full discussion of the subject.

Let this action be dismissed without prejudice.

Dismissed.

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Bluebook (online)

50 S.E. 557, 138 N.C. 54, 1905 N.C. LEXIS 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crutchfield-v-hunter-nc-1905.

Opinion

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