Inscoe v. Globe Jewelry Co.

157 S.E. 794, 200 N.C. 580, 1931 N.C. LEXIS 386

• Court: Supreme Court of North Carolina
• Decided: April 1, 1931
• Status: Published

Opinion

Per Curiam.

The relation between the defendant, Globe Jewelry Company, and the defendant, National Detective Bureau, as established by the contract in writing offered in evidence by the plaintiff, with respect to the collection of accounts due by its customers to the company, is not that of principal and agent, or of master and servant; it is rather that of employer and independent contractor. 14 R. C. L., 67.

By the terms of the contract the Detective Bureau, among other things, agreed to undertake the collection of accounts due the com pany by its customers, and tbe company agreed to pay to tbe Detective Bureau as commissions for its services in making collections, 25 per cent of tbe amounts collected on said accounts. Tbe company bad no right under tbe contract to direct tbe manner in wbicb tbe accounts should be collected, or to control tbe Detective Bureau while undertaking to collect tbe accounts. Tbe Detective Bureau was not tbe agent or servant of tbe company. It undertook to collect tbe accounts in its own way free from tbe control of its employer, Globe Jewelry Company.

On tbe facts shown by all tbe evidence, tbe defendant, Globe Jewelry Company, was not liable to tbe plaintiff for tbe conduct of tbe defendant, National Detective Bureau or its employee, G. H. Walsh, wbicb, as shown by all tbe evidence, was wrongful and unlawful. There was no error in tbe judgment dismissing tbe action of plaintiff as to tbe defendant, Globe Jewelry Company. Tbe judgment is

Affirmed.