Smith v. Durham.
Supreme Court of North Carolina
Civil ActioN by J. A. Smith against S. J. Durham, hoard on complaint and demurrer, by Judge O. TI. Allen, at Spring Term, 1900, of GastoN Superior Court. Erom judgment sustaining a demurrer to the complaint, the plaintiff appealed.
1Opinion of the CourtEaiecloth, C. J.
This is a civil action in the nature of trover for the conversion of a certain promissory note, payable to the plaintiff, in the sum of $2,400, signed by W. D. Rice. The plaintiff was president of the Bessemer City Cotton Mill Company, and for a debt due by his company to Lyon, Conklin & Co., of Baltimore, Md., he deposited said note as collateral security; and the depositee sent the note to the defendant, as its attorney, for collection. By agreement with defendant, the plaintiff, for his company, confessed judgment for the amount due Lyon, Conklin & Co. Thereafter said judgment was paid in…
2Cases cited6 opinions
- Teal v. FeltonSupreme Court of the United States · 1852
- Trustees of the University of North Carolina v. State National BankSupreme Court of North Carolina · 1887
- Dowd v. . WadsworthSupreme Court of North Carolina · 1829
- Brickhouse v. BrickhouseSupreme Court of North Carolina · 1850
- Carraway v. . BurbankSupreme Court of North Carolina · 1827
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Meekins v. . SimpsonSupreme Court of North Carolina · 1918
- Caldwell v. LinkerDistrict Court, M.D. North Carolina · 1995
- Brickhouse v. . BrickhouseSupreme Court of North Carolina · 1850
- Carraway v. . BurbankSupreme Court of North Carolina · 1827