Legal Opinion

Variety Wholesalers, Inc. v. Salem Logistics Traffic Services, LLC

Supreme Court of North Carolina

Decided April 13, 2012No. 269PA11PublishedCited by 220 opinions

1Opinion of the Court

HUDSON, Justice.

Here we address whether summary judgment was appropriately entered on claims of conversion and constructive trust when a third party came into possession of funds, ownership of which was disputed between the primary contracting parties. We hold that the record forecasts genuine issues of material fact with respect to both claims, and we therefore reverse and remand for further proceedings.

Background

Variety Wholesalers (“Variety”) is a large retail corporation with stores in fourteen states. To support its stores, Variety maintains significant shipping and trucking operations.…

2Cases cited35 opinions

  1. Dalton v. CampSupreme Court of North Carolina · 2001
  2. Dobson v. HarrisSupreme Court of North Carolina · 2000
  3. Manufacturers Hanover Trust Co. v. Chemical BankAppellate Division of the Supreme Court of the State of New York · 1990
  4. Wilson v. Crab Orchard Development CompanySupreme Court of North Carolina · 1970
  5. Sara Lee Corp. v. CarterSupreme Court of North Carolina · 1999

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3Cited by220 opinions

  1. Bumpers v. Cmty. Bank of N. Va.Supreme Court of North Carolina · 2013
  2. Sykes v. Health Network Solutions, Inc.Supreme Court of North Carolina · 2019
  3. Legacy Data Access, Inc. v. Cadrillion, LLCCourt of Appeals for the Fourth Circuit · 2018
  4. Kenneth Robinson v. Priority Automotive Huntersville, Inc.Court of Appeals for the Fourth Circuit · 2023
  5. William Pender v. Bank of America CorporationCourt of Appeals for the Fourth Circuit · 2015

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