Legal Opinion
Fortune v. First Union National Bank
Supreme Court of North Carolina
Decided September 7, 1988No. 552PA87PublishedCited by 19 opinions
1Opinion of the Court
*149WEBB, Justice.
The defendant argues that the Court of Appeals erred in two respects. It contends first that the Court of Appeals was correct in holding Dale Fortune could not prove any damage but was in error in ordering the damages to be awarded to the trust. The defendant also argues that there was insufficient evidence to support the amount of damages awarded.
We do not pass on the defendant’s argument that the damages may not be transferred to the trust because we hold that in this case Dale Fortune is entitled to bring the action in his individual capacity. Restatement (Second) of Trusts,…
2Cases cited9 opinions
- Perfecting Service Co. v. Product Development & Sales Co.Supreme Court of North Carolina · 1963
- Robertson Ex Rel. Robertson v. StanleySupreme Court of North Carolina · 1974
- Tillis v. Calvine Cotton Mills, Inc.Supreme Court of North Carolina · 1959
- Weyerhaeuser Co. v. Godwin Building Supply Co.Supreme Court of North Carolina · 1977
- Work v. County National Bank & Trust Co.California Supreme Court · 1935
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Slaughter v. SwicegoodCourt of Appeals of North Carolina · 2004
- Hudgins v. WagonerCourt of Appeals of North Carolina · 2010
- Pittman v. BarkerCourt of Appeals of North Carolina · 1995
- Cicogna v. HolderSupreme Court of North Carolina · 1997
- City of Charlotte v. Skidmore, Owings & MerrillCourt of Appeals of North Carolina · 1991
14 more not listed; retrieve them via the Exa API.