M. Millhiser & Co. v. Pleasants
Supreme Court of North Carolina
Civil aotiqN, by Millhiser & Co. against W. H. Pleas-ants, to have the latter declared a trustee for the benefit •of creditors, and to recover from him, as such trustee, certain amounts claimed to be due plaintiffs, tried before Solee, J., and a jury, at-Term, 1895, of FbaNKLIN 'Superior Court.
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Civil aotiqN, by Millhiser & Co. against W. H. Pleas-ants, to have the latter declared a trustee for the benefit •of creditors, and to recover from him, as such trustee, certain amounts claimed to be due plaintiffs, tried before Solee, J., and a jury, at-Term, 1895, of FbaNKLIN 'Superior Court. The deed of assignment from Jacob Thomas to the defendant, under which plaintiff sought to have defendant declared a trustee, was as follows: “ This deed, made this the 17th day of November, 1891, by Jacob Thomas to W. IT. Pleasants, witnesseth: That whereas, the said Jacob Thomas is justly indebted to…
1Opinion of the Court
Montgomery, J.:
The only question raised by the appeal is, was the failure of the defendant to take into his posses- . sion for the benefit of the plaintiffs the one-half interest of Thomas in the partnership goods of Pippin & Thomas, under the deed from Thomas to the defendant, a breach of duty which the defendant owed to the plaintiffs? and this question will find its solution in the proper legal construction of the deed itself. That instrument, which is the foundation of this action, embraced the whole contract between the defendant and his debtor, Thomas, and as there was no allegation in…
2Cases cited1 opinion
- Brasfield v. W. C. Powell & Co.Supreme Court of North Carolina · 1895
3Cited by1 opinion
- Daniel v. . CrowellSupreme Court of North Carolina · 1899