United States Fidelity & Guaranty Co. v. A. F. Messick Grocery Co.
Supreme Court of North Carolina
ActioN tried before Justice, J., and a jury, at March Term, 1908, of Eobsyth. This action was brought in the Superior Court to recover the sum of $147 alleged to be due by the defendant to the plaintiff by reason of a payment made by the latter to the Southern Cotton Oil Company under a bond of indemnity to secure the faithful performance of the duties of J. W. Mori-sey as agent of the oil company.
Read the full summary
ActioN tried before Justice, J., and a jury, at March Term, 1908, of Eobsyth. This action was brought in the Superior Court to recover the sum of $147 alleged to be due by the defendant to the plaintiff by reason of a payment made by the latter to the Southern Cotton Oil Company under a bond of indemnity to secure the faithful performance of the duties of J. W. Mori-sey as agent of the oil company. For the purpose of disposing of this appeal we need only set forth substantially the allegations of the plaintiff as made in his complaint, and the facts which the evidence tended to prove as…
1Opinion of the Court
"Walker, J.,
after stating tbe case: Tbe only question to be considered in this case is whether tbe action was properly brought in tbe Superior Court, or is it one of wbicb a justice of tbe peace has jurisdiction ? Tbe plaintiff contends that it can recover only under tbe equitable doctrine of subrogation, as when it paid the amount of Morisey’s defalcation to the oil company it acquired the rights of the latter company as against its agent, Morisey, by subrogation. Even if it did, the cause of action which the oil company had at law against Morisey, and which the plaintiff thus acquired, was…
2Cases cited5 opinions
- Walker v. Miller.Supreme Court of North Carolina · 1905
- Glenn v. Commissioners.Supreme Court of North Carolina · 1905
- Lutz v. . ThompsonSupreme Court of North Carolina · 1882
- Insurance Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1903
- Office v. . BlandSupreme Court of North Carolina · 1884
3Cited by3 opinions
- Fireman's Fund Insurance v. Rowland Lumber Co.Supreme Court of North Carolina · 1923
- Ins. Co. v. . R. R.Supreme Court of North Carolina · 1903
- Mitchell v. . MooreSupreme Court of North Carolina · 1927