Lauerhass v. Hood

205 N.C. 190

• Court: Supreme Court of North Carolina
• Decided: September 20, 1933
• Status: Published

Opinion

Pbk CubiaM.

The defendant contends that the questions involved are: “(1) Is the plaintiff entitled to recover of the defendant as a preferred claim against the assets of the Central Bank and Trust Company the sum of $11,562.73, the same representing the difference between the face amount of certain collateral purchased by the bank for the plaintiff’s trust estate and the actual market value of said collateral, the market value being arrived at by opinion evidence as to the value of certain real estate and other notes, stock and bonds securing the collateral? (2) Is there evidence in the record supporting the finding of fact to the effect that the Central Bank and Trust Company was the recipient of whatever profit was realized in the 'Mortgage Pool Transaction.’ ” Both of the questions must be answered in the affirmative. •

It is conceded by defendant: "That it is a well established principle of law that findings of fact by a referee, supported by competent evidence and affirmed by a Superior Court on appeal, are conclusive on the Supreme Court.”

We think the evidence, though circumstantial and some opinion evidence, is sufficient to sustain the findings of fact. We do not think it necessary to set same forth. We think the cause is governed by Flack v. Hood, Comr., 204 N. C., 337. For the reasons given, the judgment of the court below is

Affirmed.