Ares Distilling Co. v. Mutual Aid Banking Co.
Supreme Court of North Carolina
Appeal by plaintiff from Long, J., at February Term, 1913, of Beaufort. Civil action tried upon this issue: “What part of the amount collected and received by the defendants to the use of the plaintiff has defendant failed to account for and pay over to the plaintiff? Answer: $108.05.” Upon this trial before the jury, plaintiff offered the witness' E. A. Allenach, who testiffe'd: “I was bookkeeper for D. L. Arey Distilling Company, but am not with them now.
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Appeal by plaintiff from Long, J., at February Term, 1913, of Beaufort. Civil action tried upon this issue: “What part of the amount collected and received by the defendants to the use of the plaintiff has defendant failed to account for and pay over to the plaintiff? Answer: $108.05.” Upon this trial before the jury, plaintiff offered the witness' E. A. Allenach, who testiffe'd: “I was bookkeeper for D. L. Arey Distilling Company, but am not with them now. The total amount of drafts sent by plaintiff to defendant in this case amount to $11,105.50. Of that amount, including such drafts as…
1Opinion of the CourtBkoww, J.
The plaintiff, a manufacturer of distilled whiskeys, located in the city of Baltimore, Maryland, shipped whiskey to parties living in the city of New Bern, N. C., and sent drafts with bills of lading attached to the defendant in New Bern for collection.
This suit was brought by plaintiff to recover from the defendants the balance of the money which they had collected but not remitted to plaintiff.
A compulsory reference was ordered at the May Term, 1911, to which plaintiff excepted, and to the report of the referee plaintiff again excepted and demanded a jury trial. The referee .reported that…
2Cases cited2 opinions
- S. v. . FisherSupreme Court of North Carolina · 1913
- Yale Jewelry Co. v. JoynerSupreme Court of North Carolina · 1912