HILL v. ERWIN MILLS, INC.

No. 739.

80 S.E.2d 358 (1954)

239 N.C. 437

HILL v. ERWIN MILLS, Inc. et al.

Supreme Court of North Carolina.

February 24, 1954.


Attorney(s) appearing for the Case

John T. Manning, Durham, and Joyner & Howison, Raleigh, for plaintiff, appellant.

Reade, Fuller, Newsom & Graham, Durham, and Brooks, McLendon, Brim & Holderness, Greensboro, for defendants, appellees.


DENNY, Justice.

The defendants and each of them interposed a demurrer in this Court to the plaintiff's complaint on the ground that it does not state facts sufficient to constitute a cause of action; for that (1) the plaintiff is not entitled to maintain in his own right an action to restrain a threatened loss not peculiar to himself without allegation that he exhausted his remedies within the corporation before resorting to suit; (2) the plaintiff is not entitled...

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