R. R. v. Avery

2 Citing cases

  1. Redrying Company v. Gurley

    147 S.E. 676 (N.C. 1929)   Cited 5 times

    C. S., 1160, is as follows: "Where the capital stock of a corporation has not been paid in and the assets are insufficient to satisfy its debts and obligations, each stockholder is bound to pay on each share held by him the sum necessary to complete the amount of such share, as fixed by the charter, or such proportion of that sum as is required to satisfy such debts and obligations," etc. This is substantially the same as Public Laws 1901, ch. 2, sec. 22. R. R. v. Avery, 64 N.C. 491, is cited by defendants as authority on the plea of the statute of limitations. The gist of that case is as follows: "Where the charter of a railroad company provided, that upon the failure by subscribers to its stock to pay installments as called for, `the directors may sell at public auction,' etc., such stock, and, in case enough were not produced thereby to satisfy the subscription, might sue for and recover the balance from such subscriber: Held, that upon a failure by a subscriber to pay installments as called for, it was optional with the company to bring suit against him without making sale as above or, to sell, and sue for the balance.

  2. Harmon v. Page

    62 Cal. 448 (Cal. 1882)   Cited 21 times

    (Bouton v. Dry Dock Co., 4 E. D. Smith, 420.) It was held in The Western R. R. Co. v. Avery , 64 N.C. 491, that the Statute of Limitations against a subscriber commenced to run only from the call. In Allibone v. Hager , 46 Pa. St. 48, no call had been made for eleven years, and it was claimed that the Statute of Limitations would be a bar.