Gossler v. . Wood
Supreme Court of North Carolina
Civil aotioN, to recover money alleged to have been received for the plaintiff by the defendant and fraudulently misapplied by the defendant, heard before Graham, J., and a jury, at Spring Term, 1896, of Beetie Superior Court. There was a verdict for the plaintiff, and from the judgment thereon defendant appealed.
1Opinion of the Court
Faieoloth, C. J.:
The pleadings in this case are complaint, answer and counter-claim, amended answer and amended complaint. The issues are these: 1. Was the plaintiff the owner of the timber described in the complaint? Answered by the jury “Yes.” 2. Did the defendant contract with the plaintiff to cut, remove and sell the timber as alleged in the com plaint? Yes. 3. Did the defendant cut or remove and sell 101,291 feet of said timber at the price of $5.60 per thousand feet? Yes. 4. Did the defendant fail to account for and pay over to plaintiff the proceeds of said sale of timber, after…
2Cases cited6 opinions
- Guy v. . ManuelSupreme Court of North Carolina · 1883
- Adams v. . UtleySupreme Court of North Carolina · 1882
- Smith v. . NimocksSupreme Court of North Carolina · 1886
- Boykin, Parmer & Co. v. W. J. Maddrey & SonSupreme Court of North Carolina · 1894
- Grant v. . GoochSupreme Court of North Carolina · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Lewis v. Norfolk & Western Railway Co.Supreme Court of North Carolina · 1903
- Daniel v. . DixonSupreme Court of North Carolina · 1913
- Berbarry v. . TombacherSupreme Court of North Carolina · 1913
- Morris v. Bogue Development Corp.Supreme Court of North Carolina · 1927
- Boykin v. . MaddreySupreme Court of North Carolina · 1894
7 more not listed; retrieve them via the Exa API.