Patapsco Guano Co. v. Bryan & Co.
Supreme Court of North Carolina
Civil action, for conversion of trust funds, tried before Greene, J., and a jury, at January Term, 1896, of Moore Superior Court. There was a verdict for the defendant, and, from judgment thereon and the refusal of a motion for judgment non obstante veredicto, the plaintiff appealed. The facts are sufficiently stated in the opinion of Associate Justice MONTGOMERY. The contract referred to in the opinion was as follows: “ To Messrs.
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Civil action, for conversion of trust funds, tried before Greene, J., and a jury, at January Term, 1896, of Moore Superior Court. There was a verdict for the defendant, and, from judgment thereon and the refusal of a motion for judgment non obstante veredicto, the plaintiff appealed. The facts are sufficiently stated in the opinion of Associate Justice MONTGOMERY. The contract referred to in the opinion was as follows: “ To Messrs. Bryan & Go., Jonesboro, N. O. : “ We have this day sold you for delivery during the ensuing season, to be shipped or ordered by you in not less than car-load lots,…
1Opinion of the Court
Montgomery, J.:
Upon an examination of the complaint and answer in this action it appears that the defendant confesses that the plaintiff lias stated a cause of action against him. He admits the execution of the notes and contract set out in the complaint, and admits by his failure to deny the first section in allegation seven of plaintiff’s amended complaint that he had collected enough, in cash and upon the notes executed to him by the purchasers of the guano sold to him by the plaintiff, to pay his notes due to the plaintiff. His denial of embezzlement and conversion charged against him in…
2Cases cited1 opinion
- Chemical Co. v. . JohnsonSupreme Court of North Carolina · 1887
3Cited by6 opinions
- Virginia-Carolina Chemical Co. v. FloydSupreme Court of North Carolina · 1912
- Chemical Co. v. McNair.Supreme Court of North Carolina · 1905
- American Agricultural Chemical Co. v. Barnes Co.District Court, E.D. California · 1939
- Walter A. Wood Co. v. EubanksCourt of Appeals for the Fourth Circuit · 1909
- Cooper Guano Co. v. SoutherlandSupreme Court of North Carolina · 1918
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