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N.C.App.1 FALL SESSION 1973 377
Watson v. FuIk
ing more than afford defendant an opportunity to voluntarily
commit a crime which defendant conceived in his own mind.
Such police action did not involve persuasion, fraud, or trickery
but rather merely provided defendant with an exposure to
temptation and thus there was no prejudicial error in the fail-ure
of the trial judge to instruct on the defense of entrapment.
No error.
Chief Judge BROCKa nd Judge BALEYc oncur.
HIRAM WATSON v. CHARLIE H. FULK
No. 7321DC553
(Filed 12 September 1973)
Fiduciaries- tobacco raised by joint effort - proceeds from sale held by
fiduciary - accounting required
Where the evidence tended to show that plaintiff and defendant
agreed to raise tobacco on defendant's land, sharing expenses and
profits equally, plaintiff performed his obligation, defendant sold the
tobacco for more than $6000.00, and defendant unilaterally determined
that plaintiff was entitled to only $1065.21 as his share of the profits,
defendant acted in a fiduciary capacity with respect to the plaintiff
and had a duty to account to him for his actions; therefore, the trial
court erred in directing verdict for defendant.
APPEAL by plaintiff from Henderson, Judge, 5 February
1973 Session of District Court held in FORSYTCHou nty.
This is an action for an accounting and the recovery of
any sums found to be due upon such accounting.
Plaintiff alleges in his complaint that he entered into an
oral agreement with the defendant to raise tobacco upon the
defendant's land with each party providing an equal share of
the labor, paying one-half of the expenses, and receiving one-half
of the profits from the sale of the tobacco crop. He claims
that he has performed his obligations under the agreement and
that the defendant has sold the crop and refused to make an
accounting.
In his answer defendant admits the agreement with the
plaintiff to share expenses and profits and asserts that he has
Object Description
| Title | North Carolina Court of Appeals Reports [v.019, Spring Session 1973 - Fall Session Session 1973] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1974 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 19, Spring Session 1973 - Fall Session Session 1973. Cited as 19 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 37.5 MB; 848 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_019.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 401 |
| Full Text | N.C.App.1 FALL SESSION 1973 377 Watson v. FuIk ing more than afford defendant an opportunity to voluntarily commit a crime which defendant conceived in his own mind. Such police action did not involve persuasion, fraud, or trickery but rather merely provided defendant with an exposure to temptation and thus there was no prejudicial error in the fail-ure of the trial judge to instruct on the defense of entrapment. No error. Chief Judge BROCKa nd Judge BALEYc oncur. HIRAM WATSON v. CHARLIE H. FULK No. 7321DC553 (Filed 12 September 1973) Fiduciaries- tobacco raised by joint effort - proceeds from sale held by fiduciary - accounting required Where the evidence tended to show that plaintiff and defendant agreed to raise tobacco on defendant's land, sharing expenses and profits equally, plaintiff performed his obligation, defendant sold the tobacco for more than $6000.00, and defendant unilaterally determined that plaintiff was entitled to only $1065.21 as his share of the profits, defendant acted in a fiduciary capacity with respect to the plaintiff and had a duty to account to him for his actions; therefore, the trial court erred in directing verdict for defendant. APPEAL by plaintiff from Henderson, Judge, 5 February 1973 Session of District Court held in FORSYTCHou nty. This is an action for an accounting and the recovery of any sums found to be due upon such accounting. Plaintiff alleges in his complaint that he entered into an oral agreement with the defendant to raise tobacco upon the defendant's land with each party providing an equal share of the labor, paying one-half of the expenses, and receiving one-half of the profits from the sale of the tobacco crop. He claims that he has performed his obligations under the agreement and that the defendant has sold the crop and refused to make an accounting. In his answer defendant admits the agreement with the plaintiff to share expenses and profits and asserts that he has |
