CALDLAW, INC. v. CALDWELL

No. 248.

102 S.E.2d 829 (1958)

248 N.C. 235

CALDLAW, Inc., a North Carolina corporation, by S. W. Hinson, t/a Charlotte Heating & Air Conditioning Company, v. Harold J. CALDWELL.

Supreme Court of North Carolina.

April 16, 1958.


Attorney(s) appearing for the Case

Robinson, Jones & Hewson, Charlotte, for plaintiff, appellant.

Porter B. Byrum, Charlotte, for defendant, appellee.


HIGGINS, Justice.

At the threshold of this case we are confronted with the question whether a judgment creditor can maintain an action in the name of the judgment debtor corporation against one of its officers upon the ground that he committed a breach of trust in the use of corporate credit and assets for his own private gain. The plaintiff states in his brief: "This is not a creditor's bill but is brought under G.S. § 55-143 in effect at the time of the transaction...

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