Arnold v. . Porter
Supreme Court of North Carolina
Civil action to have the defendant declared a trustee for the plaintiff of certain funds held by the defendant as Receiver of the Park Lumber Company, heard before Robinson, J., at October Term, 1897 of Wake Superior Court. The facts appear in the opinion.
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Civil action to have the defendant declared a trustee for the plaintiff of certain funds held by the defendant as Receiver of the Park Lumber Company, heard before Robinson, J., at October Term, 1897 of Wake Superior Court. The facts appear in the opinion. On the trial, upon the offer of witnesses by the plaintiff to prove the allegations of the complaint, his Honor intimated that the plaintiff could not recover if such allegations should be fully established, and in deference to such intimation, the plaintiff took a non-suit and appealed.
1Opinion of the Court
Faircloth, C. J.:
The Park Lumber Company, through its proper officer, agreed with the plaintiff as follows: The plaintiff was to furnish the employees of the defendant with an amount of supplies not to exceed their monthly wages, and did so furnish supplies. The Lumber Company agreed to retain from the employees’ monthly wages the amount of their supply accounts and pay the same to the plaintiff, and pay balance of wages to the employee. The company retained enough of the wages to pay the plaintiff, but failed to pay the plaintiff. The company became insolvent and the defendant Porter was…
2Cases cited3 opinions
- McLeod v. EvansWisconsin Supreme Court · 1886
- Thigpen v. . LeighSupreme Court of North Carolina · 1885
- Whitley v. . FoySupreme Court of North Carolina · 1860
3Cited by3 opinions
- Garrison v. . Vermont MillsSupreme Court of North Carolina · 1910
- Winborne v. . GuySupreme Court of North Carolina · 1942
- Freshwater v. Colonial Production Credit Ass'nCourt of Appeals of South Carolina · 1985