Kearns v. . Heitman
Supreme Court of North Carolina
Justice of the Peace — Jurisdiction—Splitting up a Cause of Action — Money had and Received. Civil ACTION, tried before Merrimon, J., at September Term, 1889, of Iredell Superior Court, upon appeal from a Justice of the Peace. The defendant owned divers promissory notes aggregating a large sum, and sold and assigned a one-half interest in each of them to J. W. Finch, and the latter afterwards, for value, sold his interest, in certain of them to the plaintiff.
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Justice of the Peace — Jurisdiction—Splitting up a Cause of Action — Money had and Received. Civil ACTION, tried before Merrimon, J., at September Term, 1889, of Iredell Superior Court, upon appeal from a Justice of the Peace. The defendant owned divers promissory notes aggregating a large sum, and sold and assigned a one-half interest in each of them to J. W. Finch, and the latter afterwards, for value, sold his interest, in certain of them to the plaintiff. The defendant afterwards, and before the bringing of the action, collected the notes wherein the plaintiff had a one-half interest, and…
1Opinion of the CourtMerrimon, C. J.
— after stating the facts: As soon as the principal defendant collected any one, or any part of one, or all, of the promissory notes in which the plaintiff had a half interest, one-half of the money as such, so collected, became that of the plaintiff, and the law at once implied a promise or obligation of the defendant to pay the same to the plaintiff, and this, apart from, independent of, and without regard to, the note or notes collected, or any contract in respect to them. All the money so in the hands of the defendant at any time — not parts of it, as item one from one source, and item…
2Cases cited2 opinions
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- Magruder v. . RandolphSupreme Court of North Carolina · 1877
3Cited by7 opinions
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- McPhail Bros. v. JohnsonSupreme Court of North Carolina · 1891
- Robbins v. ConleyMissouri Court of Appeals · 1892
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