Taylor v. Sikes
Supreme Court of North Carolina
This was a civil action, tried at the November Term, 1890. of Granville Superior Court, before MacRae, J. A jury trial was waived by consent, and the facts were found by the Court. This action was for the recovery of money had and received (as alleged) by the defendant to the use of the plaintiffs.
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This was a civil action, tried at the November Term, 1890. of Granville Superior Court, before MacRae, J. A jury trial was waived by consent, and the facts were found by the Court. This action was for the recovery of money had and received (as alleged) by the defendant to the use of the plaintiffs. The following are the facts found: The defendant is the administrator upon the estate of Mrs. Catherine White, who, at the time of her death, resided with the defendant and his wife, the daughter of deceased, in the county of Granville in this State. Deceased had lived in Baltimore prior to 1888,…
1Opinion of the Court
ShepheRD, J.:
Conceding that this case is governed by the laws of Maryland, and assuming, as we must do, in the absence of proof to the contrary, that the 'common law prevails in that State, we are, nevertheless, unable to see how the plaintiff can recover.
The finding of the Judge is a little obscure as to whether the feme plaintiff had any interest in the money on deposit in the bank. ITis Honor might very well have found, upon her declaration made in the presence of the husband, together with the other circumstances in evidence, that she did not own any part of the said fund, and we are…
2Cited by2 opinions
- Walton v. . BristolSupreme Court of North Carolina · 1899
- Walton v. . BristolSupreme Court of North Carolina · 1899