Buchanan v. . Parker
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Columbus county, at the Spring Term, 1.845, his Honor Judge Pearson presiding. This was an action of assumpsit, for money had’ and received to the use of the plaintiffs. Pleas :• t! Non assumpsit',- and the statute of limitations.”
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Appeal from the Superior Court of Law of Columbus county, at the Spring Term, 1.845, his Honor Judge Pearson presiding. This was an action of assumpsit, for money had’ and received to the use of the plaintiffs. Pleas :• t! Non assumpsit',- and the statute of limitations.” The case-appeared to be this:' In the year 1832, the plaintiff, Unicia, then the widow of one McCullough, and a resident of the State of Georgia, placed’ in the' hands-of the defendant $700, that he might- purchase fof her two negro boys in North Carolina, where he was then go-*n£> and bring them out to her in Georgia. She…
1Opinion of the CourtDaniel, J.
First, the charge of his Honor, as to the capacity of the mother to bring the action, we think was right.— The defendant was the agent of the mother, and he received the money from her, as her money, to purchase slaves for her benefit. It does not appear, that the defendant, at the time he received the money, had any notice that the two children had any interest in it. It had no ear-mark, and, therefore, he could not be held liable for it.
Secondly ; the defendant insisted, that the jury should have inferred, as Buchanan admitted he received a part of the, debt, under an attachment in Georgia,…
2Cited by2 opinions
- Gooch v. Weldon Bank & Trust Co.Supreme Court of North Carolina · 1918
- Northcot v. . CasperSupreme Court of North Carolina · 1849