Thomas v. Gwyn.
Supreme Court of North Carolina
Action by Mary W. Thomas against W. B. Gwyn and another, heard by Judge W. B. Gouncill and a jury, at September Term, 1902, of the Superior Court of Buncombe County. Erem a judgment for the plaintiff, the defendants appealed.
1Opinion of the CourtClark, J.
The plaintiff alleges that the defendants were her agents to collect rents for her houses, and had collected up to 31 December, 1894, the sum of $366.90, which is due her, but which they refuse to pay over. The defendants admit the retention by them of said sum, collected by them as alleged in the complaint, but aver that the plaintiff owes them for commissions and Services for which they have retained said sum. The Court properly held that the burden of proof was upon the defendants, for if no proof had been introduced on either side, upon the admission in the answer of the collection of…
2Cases cited3 opinions
- Cook v. . GuirkinSupreme Court of North Carolina · 1896
- Abbott v. Hunt.Supreme Court of North Carolina · 1901
- Davis Sulphur Ore Co. v. PowersSupreme Court of North Carolina · 1902
3Cited by9 opinions
- Thomas v. Piedmont Realty & Development Co.Supreme Court of North Carolina · 1928
- Shapleigh Hardware Co. v. Farmers Federation, Inc.Supreme Court of North Carolina · 1928
- W. H. Barber Agency Co. v. Co-operative Barrel Co.Supreme Court of Minnesota · 1916
- Garland v. . Improvement Co.Supreme Court of North Carolina · 1922
- Garland v. Linville Improvement Co.Supreme Court of North Carolina · 1922
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