Tate v. Bates
Supreme Court of North Carolina
Civil actioN, beard before Starbuek, J., on complaint and demurrer, at April Term, Í895, of Yake Superior Court. The complaint was as follows : The plaintiff above-named, complaining of the defendants above-named, says: For a first cause of action— “I. That the plaintiff, S. McD.
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Civil actioN, beard before Starbuek, J., on complaint and demurrer, at April Term, Í895, of Yake Superior Court. The complaint was as follows : The plaintiff above-named, complaining of the defendants above-named, says: For a first cause of action— “I. That the plaintiff, S. McD. Tate, was on November 20, 1892, and continually since has been, and still is, Treasurer of the State of North Carolina, and as such Treasurer is, under the Constitution and laws of said State, charged with the trust and duty of siting for and collecting all money due to the State ; and the said Tate is successor in…
1Opinion of the Court
Clark, J.:
The grounds of demurrer which were not cured by the amendments allowed to the complaint, and which were overruled by his Honor, are in substance:
(1.) “ That a cause of action for the negligence and mismanagement of the defendants is ex contractu and cannot be joined in an action against them for fraud and deceit.”
The same point was raised in Solomon v. Bates and Caldwell v. Bates, at this Term, and it was there held that the plaintiff’s contract of deposit was with the corporation, not with the defendant directors, and hence the cause of action'against the directors for the'loss of…
2Cases cited1 opinion
- Hauser v. . TateSupreme Court of North Carolina · 1881
3Cited by26 opinions
- Gagne v. BertranCalifornia Supreme Court · 1954
- Norman v. Nash Johnson & Sons' Farms, Inc.Court of Appeals of North Carolina · 2000
- Killen v. BarnesWisconsin Supreme Court · 1900
- Douglass v. DawsonSupreme Court of North Carolina · 1925
- McCarty v. KepretaNorth Dakota Supreme Court · 1913
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