http://nclawyersweekly.com Wed, 19 Jun 2013 20:42:08 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 http://nclawyersweekly.com/2012/04/16/tortnegligence-conversion-funds-bona-fide-purchaser-tracing-funds-constructive-trust-no-fiduciary-relationship-other-circumstances/ http://nclawyersweekly.com/2012/04/16/tortnegligence-conversion-funds-bona-fide-purchaser-tracing-funds-constructive-trust-no-fiduciary-relationship-other-circumstances/#comments Mon, 16 Apr 2012 15:18:23 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=61713 Variety Wholesalers, Inc. v. Salem Logistics Traffic Services, LLC Where plaintiff claims the defendant-lender converted funds that plaintiff transferred to the defendant-borrower, the court holds that funds transferred electronically may be sufficiently identified through evidence of the specific source, specific amount, and specific destination of the funds in question.]]> http://nclawyersweekly.com/2012/04/16/tortnegligence-conversion-funds-bona-fide-purchaser-tracing-funds-constructive-trust-no-fiduciary-relationship-other-circumstances/feed/ 0 http://nclawyersweekly.com/2012/04/11/domestic-relations-separation-agreement-court-orders-trusts-estates-husband%e2%80%99s-will-tortnegligence-constructive-trust/ http://nclawyersweekly.com/2012/04/11/domestic-relations-separation-agreement-court-orders-trusts-estates-husband%e2%80%99s-will-tortnegligence-constructive-trust/#comments Wed, 11 Apr 2012 20:47:28 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=61589 MacMillan v. MacMillan A decedent’s first wife has stated a claim for a constructive trust against the decedent’s widow when the first wife alleges that the decedent was under court order to leave her $38,000 but he arranged his finances so that his widow received the money instead.]]> http://nclawyersweekly.com/2012/04/11/domestic-relations-separation-agreement-court-orders-trusts-estates-husband%e2%80%99s-will-tortnegligence-constructive-trust/feed/ 0 http://nclawyersweekly.com/2012/02/14/trusts-estates-civil-practice-statute-of-limitations-incompetent-adult-appointment-of-guardian-real-property-constructive-trust/ http://nclawyersweekly.com/2012/02/14/trusts-estates-civil-practice-statute-of-limitations-incompetent-adult-appointment-of-guardian-real-property-constructive-trust/#comments Tue, 14 Feb 2012 21:50:40 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=60343 Estate of Formyduval v. YeddoEven though plaintiffs’ decedent was allegedly incompetent when she transferred property to defendants during the 1990’s, since the decedent was declared incompetent on Aug. 13, 1999 and a guardian was appointed for her on Sept. 3, 1999, the statute of limitations on plaintiffs’ constructive trust claim began running on Sept. 3, 1999.]]> http://nclawyersweekly.com/2012/02/14/trusts-estates-civil-practice-statute-of-limitations-incompetent-adult-appointment-of-guardian-real-property-constructive-trust/feed/ 0 http://nclawyersweekly.com/2011/07/11/domestic-relations-consent-order-parent-child-death-benefits-constructive-trust/ http://nclawyersweekly.com/2011/07/11/domestic-relations-consent-order-parent-child-death-benefits-constructive-trust/#comments Mon, 11 Jul 2011 12:27:32 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=56738 Myers v. Myers A consent order’s requirement that the decedent-father name his third son as a 33 percent beneficiary of the “death benefits” from his employment unambiguously referred not only to the decedent’s life insurance but also to his retirement accounts. We affirm the imposition of a constructive trust on the death benefits from the decedent’s retirement accounts for the benefit of his youngest son, Travis.]]> http://nclawyersweekly.com/2011/07/11/domestic-relations-consent-order-parent-child-death-benefits-constructive-trust/feed/ 0 http://nclawyersweekly.com/2011/06/10/tortnegligence-conversion-money-exact-funds-constructive-trust-no-fiduciary-relationship/ http://nclawyersweekly.com/2011/06/10/tortnegligence-conversion-money-exact-funds-constructive-trust-no-fiduciary-relationship/#comments Fri, 10 Jun 2011 20:37:21 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=56161 Variety Wholesalers, Inc. v. Salem Logistics Traffic Services, LLC In the parties' agreement for defendant Salem Logistics to audit plaintiff's freight bills, plaintiff did not specify that Salem was required to pay plaintiff's carriers with the same exact funds that plaintiff transferred to Salem. In fact, plaintiff's witnesses said it would have been fine for Salem to pay plaintiff's carriers out of Salem's general funds. Therefore, plaintiff failed to show that Salem accepted the payments with the intent to redeliver the exact funds.]]> http://nclawyersweekly.com/2011/06/10/tortnegligence-conversion-money-exact-funds-constructive-trust-no-fiduciary-relationship/feed/ 0 http://nclawyersweekly.com/2011/02/23/real-property-summary-judgment-breach-of-contract-breach-of-warranty-fraud-unfair-deceptive-trade-practices-constructive-trust-fiduciary-relationship/ http://nclawyersweekly.com/2011/02/23/real-property-summary-judgment-breach-of-contract-breach-of-warranty-fraud-unfair-deceptive-trade-practices-constructive-trust-fiduciary-relationship/#comments Wed, 23 Feb 2011 13:38:38 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=54409 Scheller v. Otterberg. The plaintiff-buyers hired an inspector, who warned them of possible water intrusion into the home they were buying. Even if the plaintiffs relied on false representations . . .]]> http://nclawyersweekly.com/2011/02/23/real-property-summary-judgment-breach-of-contract-breach-of-warranty-fraud-unfair-deceptive-trade-practices-constructive-trust-fiduciary-relationship/feed/ 0 http://nclawyersweekly.com/2011/01/06/man-must-pay-jilted-fiancee-130k-for-reneging-on-engagement/ http://nclawyersweekly.com/2011/01/06/man-must-pay-jilted-fiancee-130k-for-reneging-on-engagement/#comments Thu, 06 Jan 2011 15:48:00 +0000 Sylvia Adcock http://nclawyersweekly.com/?p=53596 http://nclawyersweekly.com/2011/01/06/man-must-pay-jilted-fiancee-130k-for-reneging-on-engagement/feed/ 0 http://nclawyersweekly.com/2010/11/09/civil-practice-interlocutory-appeal-substantial-right-contract-lis-pendens-constructive-trust-dismissal/ http://nclawyersweekly.com/2010/11/09/civil-practice-interlocutory-appeal-substantial-right-contract-lis-pendens-constructive-trust-dismissal/#comments Tue, 09 Nov 2010 15:26:49 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=52707 http://nclawyersweekly.com/2010/11/09/civil-practice-interlocutory-appeal-substantial-right-contract-lis-pendens-constructive-trust-dismissal/feed/ 0