Duffie ex rel. Williams v. Williams
Supreme Court of North Carolina
ActioN from Duplin, heard on report of referee by Neal, J., at chambers, 5 May, 1908. This cause was before the Court at the Fall Term, 1903 (133 N. 0., 195), when all matters in controversy were disposed of, except tlie rents and the Bradham loan. It was sent back to the referee for the purpose of passing upon these items in the account. Upon the hearing the plaintiffs abandoned their claim for rents.
Read the full summary
ActioN from Duplin, heard on report of referee by Neal, J., at chambers, 5 May, 1908. This cause was before the Court at the Fall Term, 1903 (133 N. 0., 195), when all matters in controversy were disposed of, except tlie rents and the Bradham loan. It was sent back to the referee for the purpose of passing upon these items in the account. Upon the hearing the plaintiffs abandoned their claim for rents. The referee found as a conclusion of fact, largely upon defendant’s own evidence, that he did not keep the funds of his wards separate from his own, but charged each item upon its receipt…
1Opinion of the Court
CoNNOR, J.,
after stating the ease: No question affecting the bona fides of defendant’s conduct in regard to the Brad-*532ham loan, or his action in regard to it, is made. It is found that in his action regarding the property he acted under advice of counsel. The difficulty which defendant encounters in his application to have the amounts, claimed by him allowed as credits grows out of the finding of fact, which is supported by his own evidence, that on 10 January, 1889, he had no funds, in the sense of notes, bonds or money, on hand belonging to his wards. lie owed them, on a balance struck,…
2Cases cited2 opinions
- Covington v. . LeakSupreme Court of North Carolina · 1872
- Luton v. . WilcoxSupreme Court of North Carolina · 1880
3Cited by2 opinions
- First-Citizens Bank & Trust Co. v. ParkerSupreme Court of North Carolina · 1945
- State Ex Rel. Phipps v. Royal Indemnity Co.Supreme Court of North Carolina · 1932