The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-27
THB SUPERIOR COURT.
Judge MeIver Decides in Favor Of the
Wadesboro Branch OF the Bank of New
Hanover-The Assets Separated From
Those of the Parent Bank Dividends for
the Deposisors of Both Banks.

Those of the Parent Bank-Dividends for
the Deposisors Of Both Banks.
Pursuant to adjournment for recess
On Friday evening, the superior court
Of New Hanover county, met yesterday
at 10 a. m, His Honor Judge McIver
presiding. The following cases were
disposed of:
Junius Davis, receiver Of the Bank of
New Hanover, VS.. L. Nollers. ct al
judgment for defendant. The plaintiff
made 4 motion for a new trial Mo-
ton was overruled, whereupon the
plaintiff tool an appeal to the supreme
court.
Singer Manufacturing Company VS..
H. Merritt, judgment for plaintiff for
$40 and interest.
Carolina Central Railroad Company
VS.. Wilmington Street Railway Com
pany, 80 days allowed to file complaint,
and 60 days to file answer as Of this
term.
John S. Waters VS.. the American
Manufacturing and Export Company,
| receiver continued as to the assets Of
the company.
Frank Swift VS.. w. H. Howe and the
Wilmington and Weldon Railroad
Company judgment for defendants.
| P%laintif appealed to the supreme court.
Junius Davis. receiver of the Bank
of New Hanover VS.. H. G.. Smallbones,
judgment for plaintiff signed.
The following cases were continued:
Alex. Sprunt VS.. William C. Peake;
| Homes & Sutton VS.. w. C. Peake; Sam
| uel Blossom and wife vs.. NJ. G.. Chad
wick ct al; Lula NJ. Clayton VS.. Caro-
liam Central Railroad Company; Joseph
Silvy VS.. The Interstate Telephone
and Telegraph Company; Mary Nc
] Neill VS.. Robert Mcneil.
! On motion of the attorneys for Junius
Davis, Esq, receiver of the Bank of
New Hanover. at Wilmington. the
| court ordered a dividend of 2 per cent.
to be paid June 20, 1897, to depositors
| and creditors.
On motion Of the attorneys of Mr..
James A. Leak, receiver Of the branch
bank Of New Hanover, at Wadesboro,
the court ordered a dividend of 2 per
| creditors, May LIST.
| In the case of Holmes and Waters
| and S. Med. Tate. treasurer of the
| state of North Carolina VS.. the Bank of
New Hanover, Junius Davis, receiver,
| of the Bank Of New Hanover. at Will
- 49, n--- D--,-
| Of New Hanover, at Wadesboro, in re-
] lation to the petition of w. A. Smith,
the court rendered a decision separat-
ing the assets of the two banks. The
| following is a part of the judgment.
ct is therefore ordered, adjudged and
decreed by the court that the assets of
| the branch at WadesborO now in the
] hands of James A. Leak. receiver. be
| applied to the payment Of the debts
contracted at, and due by said branch
bank at Wadesboro. as distinguished
| from the debts contracted at, and due
| by the Bank of New Hanover at Will
| mington, the parent bank, and that any
| surplus remaining after paying the ex-
| penses incident to the management Of
the trust by the received at WadesbOrO,
and the said branch be turned over to
Junius Davis, receiver of the Bank Of
New Hanover at Wilmington. to be ap-
piled as the court may direct. It is
| further ordered that the costs incurred
in this reference and adjudication be
| paid by Junius Davis, receiver of the
tank of New Hanover"
The court at II m. adjourned. Judge
! McIver has gone to Clinton and will
| V the superior court of Sampson
| county there tomorrow.