{
  "id": 8549423,
  "name": "GRACE C. FINLEY v. ELIZABETH F. WILLIAMS, Administratrix, d.b.n. of the Estate of MANSFIELD FERGUSON, Deceased; ELIZABETH F. WILLIAMS, Individually and as Administratrix, d.b.n. of the Estate of MANSFIELD FERGUSON, Deceased v. GRACE FINLEY",
  "name_abbreviation": "Finley v. Williams",
  "decision_date": "1974-10-16",
  "docket_number": "No. 7423DC711",
  "first_page": "272",
  "last_page": "276",
  "citations": [
    {
      "type": "official",
      "cite": "23 N.C. App. 272"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 9564,
    "ocr_confidence": 0.576,
    "sha256": "87459cc752c567e26257c16f9339cc818fea61c4c587a1566ea81b1aefd50a24",
    "simhash": "1:2ea373050a8a8e00",
    "word_count": 1562
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  "last_updated": "2023-07-14T21:32:39.683180+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Britt and Baley concur."
    ],
    "parties": [
      "GRACE C. FINLEY v. ELIZABETH F. WILLIAMS, Administratrix, d.b.n. of the Estate of MANSFIELD FERGUSON, Deceased ELIZABETH F. WILLIAMS, Individually and as Administratrix, d.b.n. of the Estate of MANSFIELD FERGUSON, Deceased v. GRACE FINLEY"
    ],
    "opinions": [
      {
        "text": "HEDRICK, Judge.\nNo contention is made on this appeal with respect to the judgment,awarding Finley $330 on her counterclaim.\nThe plaintiff contends the trial court erred in failing to find the facts specially and state separately its conclusions of law as required by G.S. 1A-1, Rule 52(a) (1) and in allowing the defendant\u2019s motion for an involuntary dismissal pursuant to Rule 41(b).\n'While the judgment entered appears to be an involuntary dismissal, of plaintiff\u2019s claim for the wrongful conversion of Ferguson\u2019s stock, it is clear that Rule 41 (b) has no application in this case since the court obviously heard both the plaintiff\u2019s (Williams) and the defendant\u2019s (Finley) evidence with respect to the controversy. Since the case was heard by the court without-a jury, it was incumbent upon it to \u201cfind the facts specially and. state separately its conclusions of law thereon and direct the entry of the appropriate judgment\u201d as provided by Rule 52 (a)(1).\nThe pleadings and the evidence raise the issue of whether the defendant wrongfully converted the 363 shares of stock owned by Ferguson prior to his death. It was the duty of the trial judge to answer this issue by making findings of fact from the evidence and applying the appropriate principles of law. His finding \u201c [t] hat it is impossible for the court to determine from the evidence presented the nature of the transactions between the said Grace Finley and Mansfield Ferguson and that upon the facts and the law said parties have shown no right to relief inter se,\u201d in our opinion, is not sufficient to satisfy the requirements of Rule 52 (a) (1).\nThere is sufficient evidence in this record to support material findings of fact which will determine the issues between the parties. Thus, that portion of the judgment entered relating to the plaintiff\u2019s claim for wrongful conversion of the stock must be vacated, and the case is remanded to the district court for the judge to make findings of fact from the record and enter the appropriate judgment. The portion of the judgment that the defendant recover $330 on her counterclaim is affirmed.\nAffirmed in part; vacated and remanded in part.\nJudges Britt and Baley concur.",
        "type": "majority",
        "author": "HEDRICK, Judge."
      }
    ],
    "attorneys": [
      "Brewer & Bryan by Joe 0. Brewer and Larry S. Moore for ;plaintiff appellant.",
      "Eric Davis for defendant appellee."
    ],
    "corrections": "",
    "head_matter": "GRACE C. FINLEY v. ELIZABETH F. WILLIAMS, Administratrix, d.b.n. of the Estate of MANSFIELD FERGUSON, Deceased ELIZABETH F. WILLIAMS, Individually and as Administratrix, d.b.n. of the Estate of MANSFIELD FERGUSON, Deceased v. GRACE FINLEY\nNo. 7423DC711\n(Filed 16 October 1974)\nRules of Civil Procedure \u00a7 52\u2014 failure of trial court to find facts and state conclusions of law\nIn an action by administratrix to recover from defendant certain shares of stock allegedly owned by intestate at the time of his death and damages for their wrongful conversion, the trial court\u2019s finding that it was impossible to determine from the evidence presented the nature of the transactions between intestate and defendant and that upon the facts and the law the parties had shown no right to relief inter se was not sufficient to satisfy the requirements of G.S. 1A-1, Rule 52(a)(1) that the court find the facts specially and state separately its conclusions of law thereon and direct the entry of the appropriate judgment.\nAppeal by plaintiff from Osborne, Judge, 8 April 1974 Session of District Court held in Wilkes County. Heard in the Court of Appeals on 4 September 1974.\nThese civil actions were consolidated for trial before the judge without a jury. In case No. 73CvD1328, the plaintiff, Grace Finley, seeks to recover $2,940.00 from the estate of Mansfield Ferguson for money allegedly loaned to Mansfield Ferguson during his lifetime. No appeal was taken from the judgment for the defendant. In case No. 73CvS0963, the plaintiff, Elizabeth F. Williams, individually and as administratrix of the estate of Mansfield Ferguson, seeks to recover from the defendant, Grace Finley, certain shares of stock allegedly owned by Mansfield Ferguson at the time of his death and damages for their wrongful conversion.\nSince case No. 73CvD1328 is not before us, all references made herein to plaintiff, defendant, Finley, and Ferguson (unless otherwise specified) relate to case No. 73CvS0963.\nIn her complaint, the plaintiff alleged that Mansfield Ferguson died intestate on 7 March 1972 and that Elizabeth F. Williams is the duly appointed and acting administratrix of his estate. The plaintiff alleged that at the time of his death Mansfield Ferguson was the owner of 363 shares of the common stock of the Sturdivant Life Insurance Company and that at the time of his death he was in possession of the stock certificate for said shares. The plaintiff further alleged that the defendant \u201cwrongfully and with intent to defraud\u201d converted said shares of stock into her own name and that subsequent thereto the stock was converted into United North Carolina Industries, Incorporated, stock.\nThe defendant filed answer admitting that Williams was the duly appointed and acting administratrix of the estate of Mansfield Ferguson and denied all the other material allegations of the complaint. In a further answer and defense, the defendant alleged that the 363 shares of the common stock of Sturdivant Life Insurance Company referred to in the complaint had been assigned to her by Ferguson prior to his death. Finley filed a counterclaim against Williams individually for $400. In a reply, Williams admitted that she was indebted to Finley in the amount of $330.\nAt the trial, Finley offered evidence tending to show that on 26 March 1971, Ferguson signed a paper writing (Exhibit 1) which reads as follows:\n\u201cI, Mansfield Ferguson acknowledge I owe Mrs. T. A. Finley the sum of 2000.00 dollars & 200.00 loan at N. Wilkesboro bank which she & Mr. Finley cosigned \u2014 Stock of Sturdivant Life Insurance as security. In case of any settlement of my property $2,200.00 & $250.00 fee for Mr. Bill Mittchell is to be paid before any other settlements are made. Including interest on all checks.\nSigned by /s/ Mansfield Ferguson this March 26, 1971.\nW.T. s/ C M Hall\u201d\nFinley also offered evidence tending to show that Ferguson signed the following paper writing (Exhibit 2, not dated), which reads as follows:\n\u201cFor Value Received Six Hundred & fifty 50/100\u2014 hereby sell, assign and transfer unto Grace C. Finley ++Three Hundred Sixty-Three++ (363) Shares of the Capital Stock of the Sturdivant Life\nInsurance Company standing in My name on the books of said Company represented by Certificate No. 001350034311\nCO 325\n5347\nherewith and do hereby irrevocably constitute and appoint_attorney to transfer the said stock on the books of the within named Company with full power of substitution in the premises.\nDated_\ns/ Mansfield Ferguson\nIn Presence Of /s/ T. A. Finley\u201d\nWilliams offered evidence tending to show the following: Mansfield Ferguson, brother of Elizabeth F. Williams, died on 7 March 1972. Before his death, Mansfield Ferguson worked for about three years for Mr. and Mrs. Finley. Mrs. Finley, shortly after Ferguson\u2019s death, qualified as administratrix of hi's estate. She later resigned as such administratrix and the plaintiff subsequently qualified as administratrix of her brother\u2019s- estate. As administratrix, Finley filed a financial report in the office of the clerk of superior court. This report shows no payment of any indebtedness evidenced by Exhibit 1 nor does it show any receipt or disposition of 363 shares of the common stock of Sturdivant Life Insurance Company. Williams testified.. that while Finley was acting as administratrix of the estate she saw a stock certificate in Finley\u2019s home in Ferguson\u2019s name for 363 shares of stock of the Sturdivant Life Insurance Company. Williams further testified that she has never obtained possession of the 363 shares of Sturdivant Life Insurance Company stock.\nMrs. Manie Beshears testified that she was employed by Sturdivant Life Insurance Company as Executive Secretary until 28 February 1972. She \u201clooked after all the stock.\u201d She knew Mrs. Finley and Mansfield Ferguson. Sometime prior to Ferguson\u2019s death, Mrs. Finley went to her office and told her Ferguson owed her some money. Mrs. Finley said that she wanted to hold Ferguson\u2019s Studivant Life Insurance stock as collateral. Mrs. Beshears testified that she kept a pad of forms 'on her desk which she called \u201ccollaterals\u201d. She described a \u201ccollateral\u201d as \u201ca piece of paper I kept on my desk if people wanted to hold stock for money borrowed. Yes, sir, for security.\u201d She Tilled out one of these forms for Mrs. Finley. She identified Exhibit 2 as a \u201ccollateral\u201d. Mrs. Beshears never saw Ferguson sign the form she filled out for Finley.\n\u25a0At the conclusion of the presentation of the evidence, the trial judge, addressing himself to motions for involuntary dismissal made by the parties under G.S. 1A-1, Rule 41 (b) to all the claims in the two cases (with the exception of Finley\u2019s counterclaim against Williams), made the following finding and conclusion:\n\u201cThat it is impossible for the court to determine from the evidence presented the nature of the transactions between the said Grace Finley and Mansfield Ferguson and that upon the facts and the law said parties have shown no right to relief inter se;\u201d\nThe court entered a judgment that Finley recover $330 on her counterclaim against Williams individually. From a judgment dismissing the claim of Williams individually and as adminis-tratrix of the estate of Ferguson against Finley, plaintiff appealed.\nBrewer & Bryan by Joe 0. Brewer and Larry S. Moore for ;plaintiff appellant.\nEric Davis for defendant appellee."
  },
  "file_name": "0272-01",
  "first_page_order": 300,
  "last_page_order": 304
}