Rouse v. . Bowers
Supreme Court of North Carolina
This was a civil achoN, heard at the March Term, 1892, The Court overruled the exceptions, except such as appear in the judgment, and the plaintiffs appealed.
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This was a civil achoN, heard at the March Term, 1892, The Court overruled the exceptions, except such as appear in the judgment, and the plaintiffs appealed. The referee made the following findings of fact: 1. That on the 8th of April, 1889, th.e defendants John C. Bowers and B. J. Arendell, trading as Bowers & Arendell, made an assignment to B. W. Matthews of all their real and personal property for the benefit of their creditors, and that said Matthews accepted the said trusteeship conferred by said deed without knowledge of the fraudulent intent of the makers of said deed, and made the…
1Opinion of the Court
Shepherd, CaJ.:
When this case was before us on a former appeal (108 N. C., 182), we held that there was error in charging the trustee Matthews with the amount paid out by him under the terms of the deed of trust before the commencement of the action to set it aside, or before he had knowledge-of the fraudulent intent of the assignors. As his liabilitydepends entirely upon whether he acted in good faith, the action cannot be deemed to have commenced as to him until he had actual notice thereof by the service of the summons or otherwise. It appears that he had no notice of the suit until, the…
2Cases cited7 opinions
- Gregory v. ThomasNew York Supreme Court · 1838
- Battle v. MayoSupreme Court of North Carolina · 1889
- Southern Fertilizer Co. v. ReamsSupreme Court of North Carolina · 1890
- Burton v. . SpiersSupreme Court of North Carolina · 1882
- Hodges Bros. v. LassiterSupreme Court of North Carolina · 1887
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3Cited by3 opinions
- Perkins v. LangdonSupreme Court of North Carolina · 1953
- Battle v. . MayoSupreme Court of North Carolina · 1889
- Haynes v. HoffmanSupreme Court of South Carolina · 1896