Duckworth v. . Orr
Supreme Court of North Carolina
Civil ActioN for the conversion of personal property claimed to belong to- the testator, tried before Coble, J., at Eall Term, 1899, of the Superior Court of TbaNSYlvaNia County. The defendant, Huida Orr, a sister of testator, at whose house he lived and died, claimed the property, a large sum in ready money, as a gift from her deceased brother, and that was the matter in issue, which the jury found in favor of plaintiff. Judgment accordingly. Appeal by defendant.
Read the full summary
Civil ActioN for the conversion of personal property claimed to belong to- the testator, tried before Coble, J., at Eall Term, 1899, of the Superior Court of TbaNSYlvaNia County. The defendant, Huida Orr, a sister of testator, at whose house he lived and died, claimed the property, a large sum in ready money, as a gift from her deceased brother, and that was the matter in issue, which the jury found in favor of plaintiff. Judgment accordingly. Appeal by defendant. The incidents connected with the trial are considered in the opinion.
1Opinion of the CourtFaircloth, C. J.
The main question is whether the plaintiff’s testator gave and delivered to the defendant, Huida Orr, during his life, the moneys in controversy.
It is shown and not denied that two years before his death Thomas P. Jordan removed to the house of his sister, the said Huida, and remained there until his death, and that he carried with him $2,000 in gold, and $200 or $300 in other moneys. It is admitted by the defendant that she had received and appropriated said moneys to her own use, but she claimed that her said brother had made an absolute gift to her of all his money.
The other defendant,…
2Cases cited4 opinions
- Newman v. . BostSupreme Court of North Carolina · 1898
- Wilson v. . FeatherstonSupreme Court of North Carolina · 1898
- Holly v. . HollySupreme Court of North Carolina · 1886
- Medlock v. . PowellSupreme Court of North Carolina · 1887
3Cited by14 opinions
- State v. BestSupreme Court of North Carolina · 1965
- Parker v. . MottSupreme Court of North Carolina · 1921
- Julian v. LawtonSupreme Court of North Carolina · 1954
- Morris v. TateSupreme Court of North Carolina · 1949
- Robinson, Hudson, Blackburn v. . Transp. Co.Supreme Court of North Carolina · 1938
9 more not listed; retrieve them via the Exa API.