Bitting v. . Thaxton
Supreme Court of North Carolina
This was a civil action, tried before his Honor, Judge Wilson, and a jnry at Fall Term, 1874-, of Davie Superior Court. The plaintiff declared in tort against the defendant as his agent.
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This was a civil action, tried before his Honor, Judge Wilson, and a jnry at Fall Term, 1874-, of Davie Superior Court. The plaintiff declared in tort against the defendant as his agent. It was in evidence on the part of the plaintiff, that they were in 1870, 1871 and 1872, manufacturers of tobacco in the city of Augusta, Georgia, and that the defendant sought employment from them as a travelling salesman during the latter part of October, 1870, and that about 30 th of October, 1870, the plaintiffs employed him as such salesman, on the following-terms, to wit: ■ That he was to travel for the…
1Opinion of the Court
Reade J.
The plaintiff claims that the defendant as his agent received so much money for him, and withholds, and also converted property belonging to the plaintiff', to the defendant’s own use, which was worth so much, and for these causes the action is brought.
The defence is a counter claim for services rendered as agent in respect to the matters complained of.
The jury adjusted the claims of the parties, and finding a balance due the defendant, of so much, returned a verdict for the defendant for the balance due him.
The verdict must be sustained unless there was some error of law on the trial.
2Cases cited1 opinion
- Phillips Walsh v. . Rufus D. HallSupreme Court of North Carolina · 1872
3Cited by20 opinions
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- Terry Trading Corp. v. BarskyCalifornia Supreme Court · 1930
- Francis v. W. J. & J. G. Edwards & Co.Supreme Court of North Carolina · 1877
- Scott v. WaggonerMontana Supreme Court · 1914
- Story & Isham Commercial Co. v. StoryCalifornia Supreme Court · 1893
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