Etheridge, Fulghum & Co. v. L. Hilliard & Co.
Supreme Court of North Carolina
Civil action, tried before Graves, J., at Fall Term, 1887, of Perquimans Superior Court, upon the following case-agreed : “ 1. On January 25th, 1886, Joshua L. Whedbee executed to the plaintiffs the mortgage hereto attached and marked “ A,” which was duly registered in the proper county at once. 2. Both plaintiffs and defendants were non-residents of North Carolina, and were commission merchants and cotton factors in Norfolk, Va. 3. About the beginning of the Fall of 1886,…
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Civil action, tried before Graves, J., at Fall Term, 1887, of Perquimans Superior Court, upon the following case-agreed : “ 1. On January 25th, 1886, Joshua L. Whedbee executed to the plaintiffs the mortgage hereto attached and marked “ A,” which was duly registered in the proper county at once. 2. Both plaintiffs and defendants were non-residents of North Carolina, and were commission merchants and cotton factors in Norfolk, Va. 3. About the beginning of the Fall of 1886, one T. Clayton Whedbee went to defendants’ office in Norfolk and said to them: ‘ I think I can make some money buying…
1Opinion of the Court
Davis, J.,
(after stating the facts). Whether the sale of cotton made by a factor, or agent, or commission 'merchant in the State of Virginia for his principal in this State, who shipped it to him for sale in the regular course of business,, such factor or commission merchant selling it, without any notice or knowledge of any claim by another, and paying over the proceeds to his principal without such knowledge or notice, is such a conversion by him as will make him liable-to the actual owner for the proceeds of the cotton so sold and paid over to his principal, it is not necessary for us to…
2Cases cited1 opinion
- Huntley v. . MathiasSupreme Court of North Carolina · 1884
3Cited by8 opinions
- Whitehurst v. GarrettSupreme Court of North Carolina · 1928
- Atlantic Discount Corp. v. YoungSupreme Court of North Carolina · 1944
- Whitehurst v. . GarrettSupreme Court of North Carolina · 1928
- Phelan v. Barnhart Bros. & SpindlerSupreme Court of Oklahoma · 1919
- R. R. v. . SimpkinsSupreme Court of North Carolina · 1919
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