65 S.E.2d 887 (N.C. 1951), 665, State ex rel. Employment Sec. Commission v. Monsees

Docket Nº:665
Citation:65 S.E.2d 887, 234 N.C. 69
Party Name:STATE ex rel. EMPLOYMENT SECURITY COMMISSION v. MONSEES.
Case Date:July 17, 1951
Court:Supreme Court of North Carolina
 
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Page 887

65 S.E.2d 887 (N.C. 1951)

234 N.C. 69

STATE ex rel. EMPLOYMENT SECURITY COMMISSION

v.

MONSEES.

No. 665

Supreme Court of North Carolina.

July 17, 1951

Page 888

[Copyrighted Material Omitted]

Page 889

W. D. Holoman, R. B. Overton and R. B. Billings, all of Raleigh, for appellant, Employment Security Commission.

T. S. Wall, Jr., Charles W. Mauze, Lexington, for appellee, C. R. Monsees.

DENNY, Justice.

As we interpret the record before us, there is no controversy between the plaintiff and the defendant as to the amount of contributions due the Employment Security Commission, if it is determined the defendant is liable for contributions under the Employment Security Law. Likewise, if it is determined that Vestal Monsees, John Arville Cross, Clay Carrick, Joe Young, [234 N.C. 72] and Mozelle Tysinger were employees of C. R. Monsees within the meaning of the Employment Security Law, then it is conceded that the defendant had in his employ in each of twenty different weeks in the years involved, eight or more individuals. G.S. § 96-8 (f) (1).

Therefore, the sole question for our determination is whether the above-named individuals were employees of C. R. Monsees within the meaning of the Employment Security Law.

G.S. § 96-8 (e), in pertinent part reads as follows: "Employing unit' means any individual or type of organization * * which has, on or subsequent to January first, one thousand nine hundred and thirtysix, had in its employ one or more individuals performing services for it within this state * * *. Whenever any employing unit contracts with or has under it any contractor or subcontractor for any employment which is part of its usual trade, occupation, profession, or business, unless the employing unit as well as each such contractor or subcontractor is an employer by reason of subsection (f) of this section, or § 96-11 (c), the employing unit shall * * * be deemed to employ each individual in the employ of each such contractor or subcontractor * * *. Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit, shall be deemed to be employed by such employing unit for all the purposes of this chapter, whether such individual was hired or paid directly by such employing unit or by such agent or employee, provided the employing unit had actual or constructive knowledge of such work: * * *.'

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