Cooper Guano Co. v. Southerland
Supreme Court of North Carolina
Civil action-, tried before Stacy, J., at August Term, 1917, of DupliN,. upo.u these issues: 1. What amount, i£ any, Have tbé defendants paid on notes sued upon ? Answer: “$619.45.” 2. Did said R. B. Southerland knowingly and willfully misappro-piate and misapply $563.57 worth, or any amount of said Cooper Guano Company’s goods to his own use, or to the use of Wallace Southerland Company, by taking same to pay rent due M. McD.
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Civil action-, tried before Stacy, J., at August Term, 1917, of DupliN,. upo.u these issues: 1. What amount, i£ any, Have tbé defendants paid on notes sued upon ? Answer: “$619.45.” 2. Did said R. B. Southerland knowingly and willfully misappro-piate and misapply $563.57 worth, or any amount of said Cooper Guano Company’s goods to his own use, or to the use of Wallace Southerland Company, by taking same to pay rent due M. McD. Williams? If so, what amount? Answer: “Yes, $563.57.” 3. Did R. B. Southerland knowingly and willfully misappropriate and misapply and convert to his own use, or to the…
1Opinion of the CourtBeown, J.
The facts are that the defendant is the surviving partner of Wallace Southerland & Co., a firm doing business at Eaison, N. 0. Wallace Southerland died in August, 1912. Early in 1912 plaintiff entered into a contract with said firm for the sale of fertilizer. A paper-writing was executed by which said firm became the agents of plaintiff. Under that contract plaintiff shipped to the firm a large quantity of fertilizers. The contract contained this provision:
“And it is further agreed that all fertilizers shipped to you, as well as all notes, accounts, cash, and other proceeds from the sale of…
2Cases cited4 opinions
- Gossler v. . WoodSupreme Court of North Carolina · 1897
- Powers v. . DavenportSupreme Court of North Carolina · 1888
- Patapsco Guano Co. v. Bryan & Co.Supreme Court of North Carolina · 1896
- Southern Grocery Co. v. DavisSupreme Court of North Carolina · 1903
3Cited by4 opinions
- Acme Manufacturing Co. v. McQueenSupreme Court of North Carolina · 1925
- East Coast Fertilizer Co. v. HardeeSupreme Court of North Carolina · 1937
- East Coast Fertilizer Co. v. HardeeSupreme Court of North Carolina · 1937
- East Coast Fertilizer Co. v. HardeeSupreme Court of North Carolina · 1937