Wike v. Board of Trustees
Supreme Court of North Carolina
1Opinion of the CourtBarnhill, J.
In equity a present assignment of money having a potential existence but not yet due will operate on the fund as soon as it is acquired. Hence the remuneration plaintiff was to receive for the construction of the school annex was assignable. The fact the money was not then due only operated to postpone the liability of the debtor until the contingency happened and the money became payable. Godwin v. Bank, 145 N. C., 320, 328; Trust Co. v. Construction Co., 191 N. C., 664, 132 S. E., 804; Bank v. Jackson, 214 N. C., 582, 200 S. E., 444; 4 A. J., 239, 240. Restatement of the Law, Contracts,…
2Cases cited6 opinions
- Page Trust Co. v. Carolina Construction Co.Supreme Court of North Carolina · 1926
- Adams v. . CleveSupreme Court of North Carolina · 1940
- Petty v. Pacific Mutual Life InsuranceSupreme Court of North Carolina · 1936
- Lockhart v. . LockhartSupreme Court of North Carolina · 1943
- Oldham Ex Rel. Reynolds v. RossSupreme Court of North Carolina · 1939
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Booker v. EverhartSupreme Court of North Carolina · 1978
- Erickson v. StarlingSupreme Court of North Carolina · 1952
- Lipe v. Guilford National BankSupreme Court of North Carolina · 1952
- Valley National Bank of Arizona v. ByrneArizona Supreme Court · 1966
- Commercial Credit Corporation v. MatthewsNevada Supreme Court · 1961
6 more not listed; retrieve them via the Exa API.