Egerton v. . Logan
Supreme Court of North Carolina
Civil ActioN tried at Fall Term, 1878, of Rutherford Superior Court, before Schenclc, J. The summons in this action was issued on the 9th of September, 1876. The plaintiff alleged that he employed defendant as his attorney and placed certain claims in his hands for collection, some of which the defendant represented to plaintiff he did not believe could bo collected; that plaintiff being an ignorant man and unaccustomed to business transactions of this nature, did not know…
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Civil ActioN tried at Fall Term, 1878, of Rutherford Superior Court, before Schenclc, J. The summons in this action was issued on the 9th of September, 1876. The plaintiff alleged that he employed defendant as his attorney and placed certain claims in his hands for collection, some of which the defendant represented to plaintiff he did not believe could bo collected; that plaintiff being an ignorant man and unaccustomed to business transactions of this nature, did not know the actual value of. the claims or the probabilities of collecting them ; and relying solely on the representations of…
1Opinion of the CourtShith, C. J.
The facts disclosed in the pleadings, independently of the finding by the jury, show a case of fraud entitling the plaintiff to relief upon the principle laid down in Lee v. Pearce, 68 N. C., 76, and Harris v. Carstarphen, 69 N. C., 416, "that only the known and definite fiduciary relations by which one person is put in the power of another, are sufficient, under our present judiciary system, to raise a presumption of fraud as a matter of law, to be laid down by the judge as decisive of the issue unless rebutted.” The relation of “ attorney and client in respect to the matter where-ever the…
2Cases cited5 opinions
- Lee v. . PearceSupreme Court of North Carolina · 1873
- Wilson v. . WhiteSupreme Court of North Carolina · 1879
- Blount v. . ParkerSupreme Court of North Carolina · 1878
- Bahnsen v. . ClemmonsSupreme Court of North Carolina · 1878
- Harris and Wife v. . CarstarphenSupreme Court of North Carolina · 1873
3Cited by4 opinions
- Fox v. WilsonCourt of Appeals of North Carolina · 1987
- Smith v. . MooreSupreme Court of North Carolina · 1908
- E. S. Jaffray & Co. v. BearSupreme Court of North Carolina · 1889
- Calvin v. RaffertyCourt of Appeals for the D.C. Circuit · 1954