Manufacturing Co. v. . Summers
Supreme Court of North Carolina
ActioN by Singer Manufacturing Company against G. A. Summers, F. D. Fuller and tbe City National Bank of Greensboro, beard by Judge Cr. 8. Ferguson and a jury, at tbe June Term, 1906, of the Superior Court of Guilfobd.
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ActioN by Singer Manufacturing Company against G. A. Summers, F. D. Fuller and tbe City National Bank of Greensboro, beard by Judge Cr. 8. Ferguson and a jury, at tbe June Term, 1906, of the Superior Court of Guilfobd. From tbe facts, as stated in tbe record, it appears than on 1J May, 1904, G. A. Summers, then acting as agent of tbe plaintiff company, deposited in tbe City National Bank of Greensboro a sum of money belonging to tbe plaintiff company amounting to $1,396.89. That this deposit was made in bis own name, and on 18 May, 1904, ,tbe said Summers, adding other money to this, obtained…
1Opinion of the Court
Hoke, J.,
after stating the case: It is well established that when a man’s property has been obtained from him by actionable fraud or covin, the owner can follow and recover it from the wrong-doer as long as he can identify or trace it; and the right attaches, not only as to the wrong-doer himself, but to any one to whom the property has been transferred otherwise than in good faith and for valuable consideration. Edwards v. Culberson, 111 N. C., 342, citing Pomeroy’s Eq. Jurisprudence, as follows: “In general, whenever the legal title to property, real or personal, has been obtained through…
2Cases cited5 opinions
- Newton v. . PorterNew York Court of Appeals · 1877
- McCless v. MeekinsSupreme Court of North Carolina · 1895
- Edwards v. . CulbersonSupreme Court of North Carolina · 1892
- Commercial Bank v. BurgwynSupreme Court of North Carolina · 1891
- Parker v. . GrammerSupreme Court of North Carolina · 1866
3Cited by31 opinions
- Modlin v. Roanoke Railroad & Navigation Co.Supreme Court of North Carolina · 1907
- Peoples National Bank v. WaggonerSupreme Court of North Carolina · 1923
- Smathers v. Toxaway Hotel Co.Supreme Court of North Carolina · 1915
- McNinch v. . Trust Co.Supreme Court of North Carolina · 1922
- Merchants National Bank v. BransonSupreme Court of North Carolina · 1914
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