Mauney v. High Shoals Mfg. Co.

• Decision Date: 31 December 1845
• Citation: 39 N.C. 195,4 Ired.Eq. 195
• Court: North Carolina Supreme Court
• Parties: EPHRAIM MAUNEY v. HIGH SHOALS MANUFACTURING COMPANY.

4 Ired.Eq. 195

39 N.C. 195

EPHRAIM MAUNEY

v.HIGH SHOALS MANUFACTURING COMPANY.

Supreme Court of North Carolina.

December Term, 1845.

A corporation can only sue or be sued in its corporate name, unless the act of incorporation enables it to come into Court in the name of any other person, as its President, Cashier, &c.

Cause removed from the Court of Equity of Lincoln County, at the Fall Term, 1845.

The following is the case:

The bill is filed against Andrew Motz, President and Stock-holder of the High Shoals Manufacturing Company, against Samuel R. Simpson, Eli Hoyle, and John Motz, Directors and Stock-holders, against Michael Hoke and Henry W. Burton, Executors of Robert H. Burton, dec'd. and against Henry Fullenwider. It charges that Robert H. Burton, dec'd. had been President of the Company, and, while so, by virtue of the authority of his office, and various resolutions, passed by the said Company, for and on behalf of the Company, made a contract with the defendant Henry Fullenwider, to furnish them with a certain quantity of ore, for the use of their furnace. It alleges, that although the contract was made with Henry Fullenwider, yet, in fact and truth, it was made between the company and Fullenwider and the plaintiff, he being a partner with Fullenwider, equally interested with him in the contract, and entitled equally with him to all its benefits; and this was well known to Robert H. Burton, and to the Company, who recognized him as such.

The bill then sets forth that a great quantity of ore was raised and delivered by him and Fullenwider, and upon the death of Robert H. Burton and the appointment of A. Motz as President of the Company, he demanded a settlement of accounts arising under the contract set forth, and the payment to him of his share of what was due to him, but that his demand has been refused, on the ground that the contract was made by the Company with Henry Fullenwider, and that they had claims against him, to an amount equal, or more than equal, to what was due on the contract for the ore. Fullenwider is entirely insolvent. The bill further alleges, that he obtained from Fullenwider orders upon the Company for the sum of $600, which were presented to A. Motz, the President, who said he could not accept them without consulting M. Hoke, and that they were returned to him, and he claims them as equitable assignments, which the Company are bound to pay.

The answers admit the contract with Fullenwider, but deny that the plaintiff was any party to it; admit the plaintiff did assist in raising and delivering the ore, but not under any contract with the Company; and if he was interested, it was in consequence of some subsequent agreement with Fullenwider;...