Bryan v. . Stewart
Supreme Court of North Carolina
ACTION for damages for false imprisonment tried before Brown, J., at February Term, 1898, of the Superior Court of Craven County.
Read the full summary
ACTION for damages for false imprisonment tried before Brown, J., at February Term, 1898, of the Superior Court of Craven County. The false imprisonment is alleged to have occurred in an action against the present plaintiff brought by the present defendant in which were stated two causes in the complaint; one a promissory note, the other for embezzlement of certain collateral securities originally lodged to secure the note, and which had been ^placed back in Bryan’s hands for the purpose of collection and application to the note, but which, as alleged, Bryan collected and appropriated. There…
1Opinion of the Court
Furch.es, J.:
In 1396, the defendant Stewart brought an action against the plaintiff Bryan in Craven Superior Court. The plaintiff Stewart in his complaint (in that action') declared on two causes of action; one, a promissory note, and the other, for embezzling money which Bryan had collected as the agent of Stewart. This complaint was verified and filed at the return Term of Court, and no answer being filed or other defence made thereto, the Court gave judgment upon the note; and after giving judgment upon the note proceeded to find the facts alleged in the complaint constituting the…
2Cases cited3 opinions
- Stewart v. . BryanSupreme Court of North Carolina · 1897
- Atkinson v. . SmithSupreme Court of North Carolina · 1883
- Tucker v. . DavisSupreme Court of North Carolina · 1877
3Cited by5 opinions
- In re the Foreclosure of the Deed of Trust of Vogler Realty, Inc.Supreme Court of North Carolina · 2012
- Caudle v. . BenbowSupreme Court of North Carolina · 1947
- Moser v. FulkSupreme Court of North Carolina · 1953
- Koury v. John Meyer of NorwichCourt of Appeals of North Carolina · 1980
- In re TaylorCourt of Appeals of North Carolina · 2015