Legal Opinion
Charleston & Western Carolina Railway Co. v. Robert G. Lassiter & Co.
Supreme Court of North Carolina
Decided May 1, 1935PublishedCited by 5 opinions
1Opinion of the CourtOlaeKson, J.
Tbis action has been heretofore before tbis Court, 207 N. O., 408. At page 412, we said: “In two aspects we think tbe judgment of nonsuit in tbe court below should be overruled. First: Tbe agent and attorney in fact, Stacey W. Wade & Son, were acting within tbe scope of their apparent authority,” etc. . . . “Tbe plaintiff bad no notice of tbe lack of authority. Second: Where one of two persons must suffer loss by tbe fraud or misconduct of a third person, be who first reposes a confidence, or by bis negligent conduct made it possible for tbe loss to occur, must bear tbe loss.” There was a…
2Cases cited5 opinions
- Dixie Fire Insurance Co. v. American Bonding Co.Supreme Court of North Carolina · 1913
- State Ex Rel. Brown v. PikeSupreme Court of North Carolina · 1876
- Chairman of Washington County Court Ex Rel. Armistead v. HarramondSupreme Court of North Carolina · 1826
- Miller v. . PittsSupreme Court of North Carolina · 1910
- Commissioners of Chowan County v. Citizens Bank, Inc.Supreme Court of North Carolina · 1929
3Cited by5 opinions
- Drill South, Inc., Plaintiff-Appellee-Cross-Appellant v. International Fidelity Ins. Co., Defendant-Appellant-Cross-Appellee. Drill South, Inc., Plaintiff-Counter v. International Fidelity Ins. Co., Defendant-Counter Claimant-AppellantCourt of Appeals for the Eleventh Circuit · 2000
- Becker v. KozaDistrict Court, D. Nebraska · 1971
- Carolina Transportation & Distributing Co. v. American Alliance InsuranceSupreme Court of North Carolina · 1939
- Drill South, Inc. v. International Fidelity Ins.Court of Appeals for the Eleventh Circuit · 2000
- Drill South v. Intl. Fidelity Ins.Court of Appeals for the Eleventh Circuit · 2000