B. F. Mitchell & Co. v. Whitlock
Supreme Court of North Carolina
Civil actiok tried before Allen, J., and a jury at September Term, 1897, of New- Hakovei-í, Superior Court. There was a verdict for the defendant and, from a judgment dismissing the action, the plaintiff appealed.
1Opinion of the Court
Douglas, J.:
This was a civil action to recover the value of goods sold and delivered by the plaintiff to the defendant. It is admitted that the defendant ordered the goods as trustee and that they were so charged to him on the books of the plaintiff. The defendant testified that before .sending any orders as trustee, he showed the plaintiff the written agreement containing the terms of the trust, and explained to him that he would run an account as trustee if he would agree to it; and that the plaintiff did agree to it and took the account with that understanding. This the plaintiff denies,.…
2Cases cited1 opinion
- Morehead Banking Co. v. MoreheadSupreme Court of North Carolina · 1895
3Cited by15 opinions
- Beggs v. FiteTexas Supreme Court · 1937
- Wells v. ClaytonSupreme Court of North Carolina · 1952
- Jones v. WaldroupSupreme Court of North Carolina · 1940
- Jones v. . WaldroupSupreme Court of North Carolina · 1940
- McGovern v. BennettMichigan Supreme Court · 1906
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