Hooker v. Worthington.
Supreme Court of North Carolina
ActioN by Oscar Hooker against Alfred and S. F. Worth-ington, heard by Judge Fred. Moore and a jury, at November Term, 1903, of the Superior Cburt of Pitt County.
1Opinion of the CourtMontgomery, J.
The original complaint in this action does not clearly show upon what ground the plaintiff seeks relief. Upon a cursory reading of that pleading it would appear to be the purpose of the pleader to have the defendant S. A. Worthington, the wife of the other defendant, A. Worthington, declared a trustee by way of resulting trust of the property mentioned in the complaint for the benefit of the plaintiff. Stach a position could not be maintained, because enough appears in the complaint to show that there were no contractual relations between the plaintiff and either of the defendants, and that…
2Cases cited2 opinions
- Houston v. . ThorntonSupreme Court of North Carolina · 1898
- House v. . ArnoldSupreme Court of North Carolina · 1898
3Cited by12 opinions
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- New Amsterdam Casualty Company, and Cross-Appellant v. Gladys N. Waller, and Cross-AppelleeCourt of Appeals for the Fourth Circuit · 1962
- Swartzberg v. Reserve Life Insurance CompanySupreme Court of North Carolina · 1960
- State Farm Fire & Casualty Co. v. DarsieCourt of Appeals of North Carolina · 2003
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