Huff v. Trent Academy of Basic Education Inc.

WEBB, Judge.

We hold it was error to grant the defendants’ motion for a directed verdict. In the light most favorable to the plaintiffs the evidence shows that James Huff embezzled $59,947.50 from the Bank and deposited the money in the account of the Academy. Although the Academy might have been an innocent party to the transaction, it was unjustly enriched at the expense of the Bank, and it would be inequitable to allow it to retain these funds. See American Surety Co. v. Baker, 172 F. 2d 689 (4th Cir. 1949); Allgood v. Trust Co., 242 N.C. 506, 88 S.E. 2d 825 (1955); Cheek v. Squires, 200…