Green v. . Jones
Supreme Court of North Carolina
Civil ActioN, tried at January Special Term, 1878, of 'Wake Superior Court, before McKoy, J. This was an action by the plaintiffs against the defendants for an account and settlement of a trust fund, heard upon exceptions to the Referee’s report, which stated among other things that defendant Jones on October 30th, 1869, bought certain lands (at a sale by a trustee) the property of W. A. Green, the father of plaintiffs, at the request of Green and for the benefit of…
Read the full summary
Civil ActioN, tried at January Special Term, 1878, of 'Wake Superior Court, before McKoy, J. This was an action by the plaintiffs against the defendants for an account and settlement of a trust fund, heard upon exceptions to the Referee’s report, which stated among other things that defendant Jones on October 30th, 1869, bought certain lands (at a sale by a trustee) the property of W. A. Green, the father of plaintiffs, at the request of Green and for the benefit of plaintiffs, with money ,($2200) which he borrowed from the State National Bank of Raleigh (at the request and to the knowledge…
1Opinion of the CourtRodman, J.
We will consider the exceptions to the report of the Referee seriatim, and first those of the plaintiffs :
1. That the sum allowed to the defendant as a fee to his attorney, Mr. Venable, is excessive.
The sum allowed is $200, and it appears that the attorney claimed, and the defendant paid, a much larger sum. With out going into any discussion of the question, which would be an useless labor, we are of opinion that the allowance-•was not excessive. This exception is over-ruled.
2. That the allowance of commissions to defendant is illegal, and if any be allowed, five per cent, is excessive. The…
2Cases cited1 opinion
- Green v. . CastleberrySupreme Court of North Carolina · 1877
3Cited by7 opinions
- Battle v. MayoSupreme Court of North Carolina · 1889
- State ex rel. Robertson v. JacksonSupreme Court of North Carolina · 1922
- Overby v. Fayetteville Building & Loan Ass'nSupreme Court of North Carolina · 1879
- Cooper v. MiddletonSupreme Court of North Carolina · 1886
- Battle v. . MayoSupreme Court of North Carolina · 1889
2 more not listed; retrieve them via the Exa API.