Legal Opinion

Gadson v. Toney

Court of Appeals of North Carolina

Decided June 19, 1984No. 8321DC918PublishedCited by 18 opinions

1Opinion of the Court

HEDRICK, Judge.

“In this state, conversion is defined as ‘an unauthorized assumption and exercise of the right of ownership over goods or personal chattels belonging to another, to the alteration of their condition or the exclusion of an owner’s rights.’ ” Spinks v. Taylor, 303 N.C. 256, 264, 278 S.E. 2d 501, 506 (1981) (quoting Peed v. Burleson's, Inc., 244 N.C. 437, 439, 94 S.E. 2d 351, 353 (1956)). To recover on a claim for conversion, plaintiff must prove both ownership in himself and the wrongful possession or conversion of the property by the defendant. Coulbourn v. Armstrong, 243 N.C.…

2Cases cited4 opinions

  1. Peed v. Burleson's, Inc.Supreme Court of North Carolina · 1956
  2. Cassaundra Spinks v. TaylorSupreme Court of North Carolina · 1981
  3. Coulbourn v. ArmstrongSupreme Court of North Carolina · 1956
  4. Burns v. McElroyCourt of Appeals of North Carolina · 1982

3Cited by18 opinions

  1. Variety Wholesalers, Inc. v. Salem Logistics Traffic Services, LLCSupreme Court of North Carolina · 2012
  2. Taylor v. BettisDistrict Court, E.D. North Carolina · 2013
  3. Alderman v. Inmar Enterprises, Inc.District Court, M.D. North Carolina · 2002
  4. Spirax Sarco, Inc. v. SSI Engineering, Inc.District Court, E.D. North Carolina · 2015
  5. Myers v. Catoe Construction Co.Court of Appeals of North Carolina · 1986

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