{
  "id": 8685737,
  "name": "Spencer L. Heart et al. v. The State Bank et al.",
  "name_abbreviation": "Heart v. State Bank",
  "decision_date": "1831-12",
  "docket_number": "",
  "first_page": "111",
  "last_page": "113",
  "citations": [
    {
      "type": "nominative",
      "cite": "2 Dev. Eq. 111"
    },
    {
      "type": "official",
      "cite": "17 N.C. 111"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "simhash": "1:36b2d4a5c8144918",
    "word_count": 454
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  "last_updated": "2023-07-14T20:04:28.297091+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Spencer L. Heart et al. v. The State Bank et al."
    ],
    "opinions": [
      {
        "text": "Hab\u00ed, Judge.\nStock in a bank is the subject of sale and of purchase ; and the mode of transferring it is pointed out by law. It is \u00e1s free from incumbrance as any other part of the debtor\u2019s property. The president and directors of the bank have the management and control of it, for ordinary hanking purposes ; hut they have no lien upon it for any debt, which the holder of it may owe to the hank. The stockholder borrows money from the bank upon giving security for the payment of it, as any other person does who is not a stockholder; and the money is loaned upon the strength of such security ; not upon any supposed liability of the stock.\nIn the case of the assignees of Evans, a bankrupt, against the Hudson Bay Co. reported at large in 7 Vin. Ab. 125, pi. 2, the company had made a by-law, subjecting the stock of any of its members in the first place to debts which they might owe the company. King, Chancellor, thought that by-law not a good one. But Raymond., Chief-Justice, and Baron Price thought otherwise. But they were all of opinion, that without a by-law, or some other law subjecting the stock to the company\u2019s debts, they had no lien or claim upon it. That seems an authority much in point. \u25a0 The same case perhaps, under another name, is to be found in 1 Strange 645 & 2 P. Wms. 207, tho\u2019 much more hriefly reported. I feel but little hesitation in saying, that the prayer of the bill ought to be granted.\nPer Curiam.' \u2014 Decree accorbiNgxy.",
        "type": "majority",
        "author": "Hab\u00ed, Judge."
      }
    ],
    "attorneys": [
      "Devereusc, for the plaintiff.",
      "Badger, contra."
    ],
    "corrections": "",
    "head_matter": "Spencer L. Heart et al. v. The State Bank et al.\nA corporation has no right to retain the stock of an insolvent corpora-tor to secure a debt due from him. Whether a by-law subjecting the stock of corporators to debts due to the corporation will give them this power ? Qu.\nThe bill was filed in Wake, and the case made by it was, that one Barnes, being insolvent, conveyed all his property to the plaintiff, for the purpose of securing Ms debts ; that among other things there were five shares of stock in the State Bank ; that the plaintiffs under a power fr0Jn Barnes applied to have the stock transferred, upon the books of the bank, into their names which was refused. The bill prayed that the defendants might be compelled to transfer the stock.\nThe answer admitted the facts stated in- the bill, but alleged that Barnes was indebted to them, and insisted that they had the right to retain the stock, as a security for that debt.\nThe cause was heard upon bill and answer.\nDevereusc, for the plaintiff.\nBadger, contra."
  },
  "file_name": "0111-01",
  "first_page_order": 117,
  "last_page_order": 119
}