Legal Opinion

Williams v. . Johnston

Supreme Court of North Carolina

Decided February 5, 1886PublishedCited by 3 opinions

Civil action, tried before Shepherd, Judge, and a jury, at January Term, 1886, of the Superior Court of Halifax county. There was a verdict and judgment for the plaintiffs, and the defendants appealed. The facts appear in the opinion.

1Opinion of the CourtSmith, C. J.

When this case was before us on a former appeal, 92 N. C., 532, upon the single issue of the payment of a debt due the feme plaintiff by the sale of trees to her husband for his individual use, he being her general business agent, this Court thus declared the law :

“An agency, however comprehensive in its scope, nothing else appearing, comtemplates the exercise of the powers conferred for the benefit of the principal. It implies a trust and confidence, that the delegated authority will be employed in the honest and faithful discharge of the duties appertaining to the fiduciary relation thus…

2Cases cited4 opinions

  1. Bost v. . BostSupreme Court of North Carolina · 1882
  2. Williams v. . JohnstonSupreme Court of North Carolina · 1885
  3. North Carolina Railroad v. Commissioners of AlamanceSupreme Court of North Carolina · 1884
  4. Williams, Black Co. v. . WhitingSupreme Court of North Carolina · 1885

3Cited by3 opinions

  1. McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
  2. State v. . Cross and WhiteSupreme Court of North Carolina · 1888
  3. Shober v. . WheelerSupreme Court of North Carolina · 1893

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