Williams v. . Gooch
This text of 173 S.E. 342 (Williams v. . Gooch) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Three separate, distinct and disconnected causes of action are alleged in tbe complaint. It does not appear from tbe complaint that the corporate plaintiff bas any interest in either of these *331 causes of action. Only tbe individual plaintiff would be entitled to recover on either of the causes of action alleged in the complaint.
On the first cause of action which is for the breach of a contract between the individual plaintiff and two of the defendants, the plaintiff would be entitled to recover of these defendants only. Neither of the other defendants is liable to the plaintiff on this cause of action.
On the second cause of action, which is for a tort committed by two of the defendants, the plaintiff could recover of these defendants only. He could not recover of the other defendants on this cause of action.
On the third cause of action, which is for a wrongful and unlawful conspiracy to cheat and defraud the individual plaintiff, in which all the defendants participated, the plaintiff could recover of all the defendants. This is the only cause of action on which all the defendants are liable to the plaintiff.
The demurrer should have been sustained on the ground that there is a misjoinder of causes of action and of parties. See Harrison v. Transit Co., 192 N. C., 545, 135 S. E., 460. The judgment overruling the demurrer must be
Reversed.
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Cite This Page — Counsel Stack
173 S.E. 342, 206 N.C. 330, 1934 N.C. LEXIS 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-gooch-nc-1934.