Rousseau v. . Call
Supreme Court of North Carolina
Appeal by defendant from Hcurding, J., at January Term, 1915, of WlLKES. Civil action to recover balance claimed on subscription to build a road, béard on appeal from a justice’s court.
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Appeal by defendant from Hcurding, J., at January Term, 1915, of WlLKES. Civil action to recover balance claimed on subscription to build a road, béard on appeal from a justice’s court. There were facts in evidence tending to show that defendant and others desiring to have constructed a dependable road from the railroad station in North 'Wilkesboro to the courthouse in Wilkesboro, the road crossing the Yadkin River between the two points, made a written subscription for the purpose in terms as follows: “For the purpose of building a sand-clay or a macadam road from the depot in North…
1Opinion of the Court
Hoke, J.,
after stating tbe case: A perusal of tbe facts in evidence leads to tbe conclusion tbat this subscription list should properly be considered a trust fund, dedicated by tbe parties to tbe purposes of building tbe road, and tbat under recognized equitable principles it may be made available to creditors who have made advances and supplies to tbe trustee and manager engaged in tbe prosecution of tbe enterprise.
It is well established in this jurisdiction tbat a trust in personalty may be created by parol, and tbat no particular form of words is required for tbe purpose, and that tbe same…
2Cases cited11 opinions
- Walker v. . VentersSupreme Court of North Carolina · 1908
- Fletcher v. MoreyU.S. Circuit Court for the District of Massachusetts · 1843
- Kelly v. . OliverSupreme Court of North Carolina · 1893
- Garrison v. Case Threshing MacHine Co.Supreme Court of North Carolina · 1912
- Witherington v. Herring.Supreme Court of North Carolina · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Jefferson Standard Life Insurance v. MoreheadSupreme Court of North Carolina · 1936
- Witsell v. . R. R.Supreme Court of North Carolina · 1897
- Milbank v. J. C. Littlefield, Inc.Massachusetts Supreme Judicial Court · 1941
- Creech v. CreechSupreme Court of North Carolina · 1943
- Creech v. . CreechSupreme Court of North Carolina · 1943
16 more not listed; retrieve them via the Exa API.