Pocomoke Guano Co. v. Colwell
Supreme Court of North Carolina
Appeal by defendant from Allen, J., at September Term, 1918, of SAMPSON. S. F. Peterson died intestate in November, 1912, leaving a widow and several minor children. During the year 1912 and for some time previously he was engaged in running the farm on his wife’s land in said county, part of it with hired labor and the rest by 'tenants. He also on his own account ran a store, a cotton gin, and acted as agent for the-sale of fertilizers.
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Appeal by defendant from Allen, J., at September Term, 1918, of SAMPSON. S. F. Peterson died intestate in November, 1912, leaving a widow and several minor children. During the year 1912 and for some time previously he was engaged in running the farm on his wife’s land in said county, part of it with hired labor and the rest by 'tenants. He also on his own account ran a store, a cotton gin, and acted as agent for the-sale of fertilizers. At the time of his death and for some time prior thereto he was insolvent. There was no lease or contract of rental between him and his wife. During 1912 he…
1Opinion of the CourtClark, C. J.
It is found as a fact by tbe referee and approved by the judge that there was no contract of renting between the husband and wife. The husband was, therefore, as a matter of law and of fact, merely the agent of his wife in carrying on her farm. Wells v. Batts, 112 N. C., 283; Branch v. Ward, 114 N. C., 149. Whether the farm was rented to tenants or worked with hired labor, the husband was entitled to no share for his services, the presumption being, in the absence of a contract, that he was doing this gratuitously and in order to contribute to the support of a family. He had no interest in…
2Cases cited7 opinions
- Manning v. . ManningSupreme Court of North Carolina · 1878
- Osborne v. . WilkesSupreme Court of North Carolina · 1891
- Corning v. FowlerSupreme Court of Iowa · 1868
- Wells v. . BattsSupreme Court of North Carolina · 1893
- Rawlings v. . NealSupreme Court of North Carolina · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Penley v. PenleySupreme Court of North Carolina · 1985
- State v. . SnipesSupreme Court of North Carolina · 1923
- Scott v. CommissionerUnited States Tax Court · 1978
- Motor Finance Co. v. PutnamSupreme Court of North Carolina · 1948
- Penley v. PenleyCourt of Appeals of North Carolina · 1984
3 more not listed; retrieve them via the Exa API.