Burris v. . Brooks
Supreme Court of North Carolina
Civil ACTION, tried before Bryan, J., and a jury, at Fall Term, 1895, of StaNly Superior Court. The material facts are stated in the opinion of Associate Justice MONTGOMERY. The defendant testified as follows: “Hinson requested me to take the notes, and at proper time to collect and keep the money until the two girls came of age, and pay over to them. I told him I would take the notes and do the best I could with them. He died in a short while.
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Civil ACTION, tried before Bryan, J., and a jury, at Fall Term, 1895, of StaNly Superior Court. The material facts are stated in the opinion of Associate Justice MONTGOMERY. The defendant testified as follows: “Hinson requested me to take the notes, and at proper time to collect and keep the money until the two girls came of age, and pay over to them. I told him I would take the notes and do the best I could with them. He died in a short while. Shortly after his death A. A. Morton came to get the notes — said they were laid off to the widow in her year’s, allowance. I told him I wouldn’t give…
1Opinion of the Court
Montgomery, J.:
It would be an idle discussion to go into the question as to whether the defendant was a trustee or whether he was a bailee. His conduct in reference to the trust committed to him was so imprudent that no excuse or palliation can be made for it.
There was4 placed in his hands by the father of the plaintiffs, who was the holder and owner thereof, a collectible note against J. S. Hinson, to be collected by the defendant and the proceeds paid over to the plaintiffs when they should arrive at the age of 21 years. Upon the death of the father, his widow had her year’s provisions laid…
2Cited by2 opinions
- Rousseau v. . CallSupreme Court of North Carolina · 1915
- Norman v. Hallsey.Supreme Court of North Carolina · 1903