Inscoe v. Globe Jewelry Co, No. 337.

Docket NºNo. 337.
Citation157 S.E. 794
Case DateApril 01, 1931
CourtUnited States State Supreme Court of North Carolina

157 S.E. 794
(200 N.C. 580)

INSCOE.
v.
GLOBE JEWELRY CO. et al.

No. 337.

Supreme Court of North Carolina.

April 1, 1931.


Appeal from Superior Court, Durham County; Grady, Judge.

Action by R. G. Inscoe against the Globe Jewelry Company and others. From a judg-

[157 S.E. 795]

merit dismissing the action as to named defendant, plaintiff appeals.

Affirmed.

This is an action to recover of defendants damages for the wrongful and unlawful arrest of plaintiff.

It is alleged in the complaint that the arrest was made by the defendant G. H. Walsh, an employee of the defendant National Detective Bureau, a corporation, for the purpose of enforcing the collection of an account due by plaintiff to the defendant Globe Jewelry Company, and that in making said wrongful and unlawful arrest, the defendant G. H. Walsh and the defendant National Detective Bureau were acting as agents of the defendant Globe Jewelry Company. This allegation is denied by the defendant Globe Jewelry Company.

There was evidence tending to show that plaintiff was wrongfully and unlawfully arrested by the defendant G. H. Walsh, an employee of the defendant, National Detective Bureau, a corporation, for the purpose of thereby enforcing the collection of an account due by plaintiff to the defendant Globe Jewelry Company, and that, as the result of such arrest, plaintiff sustained damages as alleged in the complaint. There was evidence also tending to show that the defendant Globe Jewelry Company had entered into a contract in writing with the defendant National Detective Bureau, by which the said company agreed to pay to the said bureau 25 per cent. of all amounts collected by said bureau on accounts due said company by its customers. As the result of the wrongful and unlawful arrest of the plaintiff in the instant case, the defendant National Detective Bureau collected from plaintiff a sum of money for which it accounted to the defendant Globe Jewelry Company, in accordance with the terms of the contract.

At the close of all the evidence, the defendant Globe Jewelry Company moved that the action as against said defendant be dismissed as of nonsuit. This motion was allowed, and plaintiff excepted. On the verdict, judgment was rendered that plaintiff recover of the defendants G. H. Walsh and National Detective Bureau his damages as assessed by the jury.

From judgment dismissing the action as to the defendant Globe Jewelry Company, plaintiff appealed to the Supreme Court.

M. M. Leggett and B. Ray...

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1 practice notes
  • Noble v. Sears, Roebuck & Co.
    • United States
    • California Court of Appeals
    • July 25, 1973
    ...of independent contractor and employer and there was an absence of right to control. (Inscoe v. Globe Jewelry Co. (1931), 200 N.C. 580, 157 S.E. 794.) Some courts distinguish the use of detective personnel, on a temporary contract investigating a single event, from security personnel hired ......
1 cases
  • Noble v. Sears, Roebuck & Co.
    • United States
    • California Court of Appeals
    • July 25, 1973
    ...of independent contractor and employer and there was an absence of right to control. (Inscoe v. Globe Jewelry Co. (1931), 200 N.C. 580, 157 S.E. 794.) Some courts distinguish the use of detective personnel, on a temporary contract investigating a single event, from security personnel hired ......

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