Lassiter v. . Stainback
Supreme Court of North Carolina
Ciyil ACTION, heard before BoyJcin, J., upon exceptions to a referee’s report, at February, 1896, Term of YaNCE Superior Court.
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Ciyil ACTION, heard before BoyJcin, J., upon exceptions to a referee’s report, at February, 1896, Term of YaNCE Superior Court. The principal matter and issue arising upon the pleadings and submitted to the referee for his determination was whether or not the defendant, Charles E. Stain-back, during the continuance of the firm of Lassiter, Stainback & Co., took and applied to his own use, without the plaintiff’s knowledge or consent, assets of the firm in erecting a dwelling house in the town of Henderson. It was to the referee’s decision in favor of the defendant upon this contention, and to…
1Opinion of the Court
FuRChes, J. :
Plaintiff and defendant were partners in a mercantile business. The plaintiff was indebted to the defendant at the time of forming this partnership $1,694.43. But defendant said to plaintiff, “ I will not put this in the partnership ; I want to buy a lot and build for me a house out of this money.” The plaintiff replied, “ That is right; I want to sell you a lot,” which he afterwards did at the price of $300, and the price was credited to the plaintiff on the $1,694.43 debt, and plaintiff made him a deed for the lot. Soon thereafter the defendant commenced building on this lot,…
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