Scott v. United Carolina Bank

Decision Date04 February 1999
Docket NumberNo. 399P98.,399P98.
CourtNorth Carolina Supreme Court
PartiesAnna Carol SCOTT v. UNITED CAROLINA BANK, as trustee for Herbert Ingram; and Richard S. Clark, Individually, and as trustee for Herbert Ingram.

Henry T. Drake, Wadesboro, for Anna Carol Scott.

Lee A. Spinks, Parmele P. Calame, Charlotte, for United Carolina Bank.

W. Erwin Spainhour, Concord, J. Merritt White, III, Charlotte, for Richard S. Clark.

Prior report: 130 N.C.App. 426, 503 S.E.2d 149.

ORDER

Upon consideration of the petition filed by Defendant (UCB) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 4th day of February 1999."

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5 cases
  • Brackett v. SGL Carbon Corp.
    • United States
    • North Carolina Court of Appeals
    • June 3, 2003
    ...of trust indenture referred to in complaint did not convert 12(b)(6) motion to one for summary judgment), disc. review denied, 350 N.C. 99, 528 S.E.2d 584 (1999); Brooks Distributing Co. v. Pugh, 91 N.C.App. 715, 717-18, 373 S.E.2d 300, 302 (1988) (consideration of contracts presented by de......
  • Pritchett & Burch, PLLC v. Boyd
    • United States
    • North Carolina Court of Appeals
    • March 15, 2005
    ...(1981)). B. Costs Plaintiff cites Scott v. United Carolina Bank, 130 N.C.App. 426, 503 S.E.2d 149 (1998), disc. rev. denied, 350 N.C. 99, 528 S.E.2d 584 (1999), in support of its claim that defendants should be held responsible for costs it advanced to Cox. Scott states, "[a]n agent acting ......
  • Wing v. Town of Landis
    • United States
    • North Carolina Court of Appeals
    • August 3, 2004
    ...not given gratuitously. Scott v. United Carolina Bank, 130 N.C.App. 426, 429, 503 S.E.2d 149, 152 (1998), disc. review denied, 350 N.C. 99, 528 S.E.2d 584 (1999). In addition, "[q]uantum meruit claims require a showing that both parties understood that services were rendered with the expect......
  • Ben Johnson Homes, Inc. v. Watkins
    • United States
    • North Carolina Court of Appeals
    • February 6, 2001
    ...given gratuitously.'" Scott v. United Carolina Bank, 130 N.C.App. 426, 429, 503 S.E.2d 149, 152 (1998), disc. review denied, 350 N.C. 99, 528 S.E.2d 584 (1999) (quoting Environmental Landscape Design v. Shields, 75 N.C.App. 304, 306, 330 S.E.2d 627, 628 (1985)). "Quantum meruit claims requi......
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