S. Dixon, Davidson & Co. v. Pace
Supreme Court of North Carolina
Where an agent received money from his principal with specific instructions to pay it to a certain creditor, which he failed to do, but made a different application of it for the principal’s benefit, and the creditor made no demand upon such agent until after he had parted with the money, and accounted for it with the principal; Held that the creditor could not look to the agent for such money.
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Where an agent received money from his principal with specific instructions to pay it to a certain creditor, which he failed to do, but made a different application of it for the principal’s benefit, and the creditor made no demand upon such agent until after he had parted with the money, and accounted for it with the principal; Held that the creditor could not look to the agent for such money. Assumpsit, tried before Tom-gee, J., at Spring Term 1869 of the Superior Court of Chatham. The plaintiffs declared for goods sold and delivered, and also for money had and received to their use. It was…
1Opinion of the CourtPearsoN, C. J.
There is no error. As the plaintiffs’ counsel has not filed a brief, we are at a loss to see on what grounds. -¿he ruling of his Honor is excepted to.
To give the plaintiff a cause of action against Pace, it was necessary to notify Mm that the plaintiffs accepted him as their -debtor, and had discharged Evans by giving him credit for khe amount. This it was in the power'of the plaintiffs to do ■at any time while the defendant had the money in hand, but it was too late to do so after the defendant had applied the money ■to the use of Evans in other ways.
True, the defendant received $250 from…
2Cited by4 opinions
- Wilson, Trustee, C. v. . Jenkins, Pub Treas'rSupreme Court of North Carolina · 1875
- First National Bank v. BurdickNorth Dakota Supreme Court · 1923
- White v. . HuntSupreme Court of North Carolina · 1870
- Morehead v. . Wriston and Johnston, Adm'r.Supreme Court of North Carolina · 1875