Whitley v. . Foy
Supreme Court of North Carolina
Cause removed from tbe Court of Equity of Craven county. Edward 8. Jones, tbe testator of the plaintiffs, resided in the State of Alabama, but owned a plantation and slaves in the county of Onslow, in the State of North Carolina, upon which he was engaged in planting cotton. The intestate of the defendant, Eoy, one John Oliver, was the overseer for the said Jones upon this plantation, and was in the habit of disposing of the crops as his agent.
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Cause removed from tbe Court of Equity of Craven county. Edward 8. Jones, tbe testator of the plaintiffs, resided in the State of Alabama, but owned a plantation and slaves in the county of Onslow, in the State of North Carolina, upon which he was engaged in planting cotton. The intestate of the defendant, Eoy, one John Oliver, was the overseer for the said Jones upon this plantation, and was in the habit of disposing of the crops as his agent. In the spring of 1858, Oliver went to Newbern and sold the crop of the preceding year, and received the money therefor, which amounted to the sum of…
1Opinion of the CourtBattle, J.
The claim of the plaintiffs to the funds in controversy, is clearly sustained both by reason and authority.— This contest being between the personal representatives of a principal and agent for an amount of money which the agent had received for tire principal, which he always admitted to belong to the principal, the latter certainly has the right to claim what is conceded to be his own, so long as he can identify it. This proposition is too plain to be denied, but the counsel for the defendant, Fay, the administrator of the agent, insists that the money cannot be identified, because it was…
2Cited by2 opinions
- Corp. Commission v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1927
- Arnold v. . PorterSupreme Court of North Carolina · 1898