(DOWNLOAD) "Mount Olive Manufacturing Co. v. Atlantic Coast Line Railroad Co." by Supreme Court of North Carolina # Book PDF Kindle ePub Free

eBook details

Title: Mount Olive Manufacturing Co. v. Atlantic Coast Line Railroad Co.
Author : Supreme Court of North Carolina
Release Date : January 07, 1951
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 73 KB

Description

The record does not disclose that plaintiffs excepted to the judgment sustaining the demurrer ore tenus of defendant Bank. We do not understand that this ruling is prejudicial to defendant Hoyle. So the correctness of that judgment is not before us. However, a brief comment seems appropriate. The complaint does not allege that the Bank ever received or accepted any money or other property pursuant to the purported trust, nor that the Bank as trustee has in its possession or under its control any of the assets of the J. M. Crutchfield estate. Upon the present state of the record it would appear that the demurrer ore tenus was properly sustained and the rights of plaintiffs preserved by permission given to amend the complaint as against the Bank, trustee, should they be so advised. Defendant Hoyles assignments