Little v. Fleishman
Supreme Court of North Carolina
ActioN tried before Qdivert, J., at July Term, 1918, of Wake. Tbe action was brought by the plaintiff, as receiver of the Kaleigh Department Store, Inc. (hereinafter called the store), to recover of the defendants the sum of $2,621.56, which he alleges to be due to him as receiver, it being the difference between the net proceeds of the sale of a stock of goods sold by him officially, viz., $7,427.10, and the price of the stock which, as he alleges, the defendant agreed to…
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ActioN tried before Qdivert, J., at July Term, 1918, of Wake. Tbe action was brought by the plaintiff, as receiver of the Kaleigh Department Store, Inc. (hereinafter called the store), to recover of the defendants the sum of $2,621.56, which he alleges to be due to him as receiver, it being the difference between the net proceeds of the sale of a stock of goods sold by him officially, viz., $7,427.10, and the price of the stock which, as he alleges, the defendant agreed to pay the store for the same. The defendants denied the liability, and averred that the contract of sale had not been…
1Opinion of the Court
Walker, J.,
after stating the facts: The goods were delivered to the defendants at Ealeigh, where the business of the Ealeigh Department Store had been conducted, and remained in the store under the care of a servant of the defendants. The plaintiff contends in two of its assignments. of error, and in its brief, that the title thereby passed to the defendants. If this be so, the receiver had no right to take possession of the goods, nor did the court ha.ve any power to make the order requiring him to do so. If the title was in defendants, even the plaintiff, acting as receiver, and under an…
2Cases cited6 opinions
- Bloom v. Home Insurance AgencySupreme Court of Arkansas · 1909
- Phifer v. . ErwinSupreme Court of North Carolina · 1888
- Smith v. Young Bros.Supreme Court of North Carolina · 1891
- Ward v. MoffettMissouri Court of Appeals · 1889
- Dulany v. WellsCourt of Appeals of Maryland · 1790
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Wilson v. Commercial Finance Co.Supreme Court of North Carolina · 1954
- Sinclair Refining Co. v. CostinCourt of Appeals of Texas · 1938
- Denson v. Provident Mut. Life Ins. Co.Supreme Court of Alabama · 1936
- Burriss v. . StarrSupreme Court of North Carolina · 1914