Found inside – Page 154A colonial North Carolina statute enacted in 1715 gave creditors of deceased debtors ... 22 Marshall , serving notice on wayward state legislatures that the ... Found inside – Page 542Cases Argued and Determined in the Supreme Court of North Carolina North Carolina. ... Trusts and Trustees — Creditors - Reconveyance of Trust Estate — Notice . ... Limitation of Actions — Bills and Notes - Administrators — Statutes . Found insideAnnotated, Containing General Laws of North Carolina ... North Carolina. ) Chapter 23. Debtor and Creditor. Sec. 23-20. ... Creditors to file verified claims with clerk; false swearing misdemeanor. 23-10. ... Clerk to give notice of petition. 23-15. Found inside – Page 151North Carolina, Lucius Polk McGehee Atwell Campbell McIntosh, Harry Bowne Skillman. 4. ... required by law for creditors of the deceased to present their claims , where no personal service of such notice in writing is made upon the creditor . Found insideThe receiver shall enter into a bond if the court requires one and shall give notice to creditors by publication or otherwise as the court may prescribe. Found inside – Page 127424 2 Covenants 96 ( 6 ) . who was not in bankruptcy or in hands of Under North Carolina law , lien of city receiver prior to claim for taxes due ... county , or city , since statute did not create within meaning of warranty clause against lien , and depended for its operation on ... purchasers , or judgand not a debt against owner provable against ment creditors until notice was filed by colhis estate ( Code N. C. ... Found inside – Page 102“Insolvency" within Revised Statutes, section 5242 (12 U. S. C. A., sec. ... (Negotiable instruments law of North Carolina.) ... Receiver of national bank takes assets of bank as mere trustee for creditors, and not for value and without notice, and, ... Found inside – Page 21Avery, 64 N.C. 491, 493 (1870) (“If a bill or note be payable by installments, the statute begins to run from the date of each installment respectively. Found inside – Page 475The personal representative of a decedent is generally required by statute to publish a notice to creditors , informing them ... North Carolina.- See also Lee v . Patrick , 31 N. C. 135 ; McLin 1. McNamara , 22 N. C. 82. Compare Fike t . Green , 64 ... Found insideBarber, 216 N.C. 232, 4 S.E.2d 447 (1939). ... which puts everyone on notice of her claim and her priority over other creditors of her husband. Walton v. Found inside – Page 153Of the 12 States recording statutes already enacted , 7 of them specifically ... The proposal is designed to give notice to creditors and to minimize fraud ... Found insidePersons dealing with general agent , without notice of restrictions upon his authority , have right to presume that his authority is ... Statute requiring creditor to sue all resident , solvent parties to contract upon which cause of action has accrued upon demand by surety of any party ... N.C.App . 1996. Party may assert defenses of insufficiency of process and insufficiency of service of process in its responsive ... Found inside – Page 1543Including the Titles of Such Statutes and Parts of Statutes of Great ... least ten days notice has been given , in writing , to his , her or their creditors ... Found inside – Page 800The creditor shall not be designated as claim representative for the insurer in adjusting claims; provided, that a group policyholder may ... The commissioner may, after notice and hearing, issue rules and regulations necessary for the implementation of this act. whenever ... forfeit and pay to the State of North Carolina a sum not to exceed two hundred fifty dollars ($250.00) which may be recovered in a civil ... Found inside – Page 73Compiled from the General Statutes of 1943 as Amended by the Session Laws of 1945, 1947 North Carolina. b ) Such payments may not ... ( c ) The Clerk of Superior Court shall not be required to publish notice to creditors . ( 1951 , c . 380 , s . Found inside – Page 2054Exum , 163 N. C. 199 , 79 from which the complainant sued to be relieved on the S. E. 498 . ground that they were without consideration . Ford v . Transfer to Creditor . - The transfer of a negotiable note Engleman , 118 Va . 89 , 86 S. E. 852 . by ... Found inside – Page 730( Id . ) to creditors , to entitle a plaintiff suing See , also , quære , in Murray v . ... refused to refer deemed most likely to give notice to before the pullication of the notice . creditors , as required by the statute in ... N. C. 462 ) . visions be given against an executor When the claim is not presented or administrator , where a notice to ... Found inside – Page 153Of the 12 States recording statutes already enacted , 7 of them specifically ... The proposal is designed to give notice to creditors and to minimize fraud ... Found inside – Page 408213 , thonght by the clerk the most likely to inform all the creditors , and shall also be posted at the court house door for ... 213 , or otherwise naine some person or place within the town in which the court is held , upon whom or where notices in ... Found inside – Page 153Of the 12 States recording statutes already enacted , 7 of them specifically ... The proposal is designed to give notice to creditors and to minimize fraud ... Found insideBrookbank, 230 N.C. App. 179,749 S.E.2d 493, 2013 N.C. App. LEXIS 1152 (2013). ... the amount due and owing to the creditor may not be handled in a fashion ... Found inside – Page 816Under a race-notice statute, A will prevail; B is disqualified, despite his BFP status, because he did not record first. ... Iowa, above, you will note that the word “subsequent” does not appear before “creditors or purchasers” in the North Carolina ... Found inside – Page 778in to a petition to sell real estate filed before the of appointment , notice having been duly given.20 bar of the statute has operated . " Where the right of action accrues subsequent to Effect of removal of creditor to or from state . qualification , the statute commences to run from Under a statute which gives residents of the ... 501 [ foll Ingram , 104 N. C. 600 , 10 SE 77 ; run from the time of this qualificaPope v . Found inside – Page 106Proof giving rise to a suspicion of For a note on the duty of assignee for creditors , of frand merely in the conveyance ... Kelley , 52 N. Y. , 274 , was followed . fraudulent special assignments and fraudulent preferences , see 29 Abb . N. C. , 327 . Found inside – Page 326That defect , along with other notice in the mail on the same day , though several violations of the appellate rules , required dismissal hours later , that notice was filed with the clerk of of the creditor's appeal . McQuillin v . Perez , — N.C. court . Found inside – Page 42Note . Statute of Limitations apply to individuals and corporations alike . For a long time it was held that a nonresident ... Miller , 93 N. C. 233 , it was held that even though a contract sued upon as . was barred by the statute , yet the creditor 42 ... Found inside – Page 3142Initial references in paragraphs are to note numbers in original text . issory note secured by a trust deed on 1023 ; Glantz v . Gardiner , 40 ... Object of Bulk Sale Laws in Derogation of Common Law Are to Be to Protect Creditors . — Lemieux v . Found inside – Page 106North Carolina. Liability of bank stock holders . Notice to creditors of release of stockholders from double liability . Form of notice . 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