{
  "id": 8696114,
  "name": "CHARITY C. FRANKLIN against PH\u0152BE RIDENHOUR",
  "name_abbreviation": "Franklin v. Ridenhour",
  "decision_date": "1860-08",
  "docket_number": "",
  "first_page": "420",
  "last_page": "422",
  "citations": [
    {
      "type": "nominative",
      "cite": "5 Jones Eq. 420"
    },
    {
      "type": "official",
      "cite": "58 N.C. 420"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "5 Jones' Eq. 51",
      "category": "reporters:state",
      "reporter": "Jones Eq.",
      "opinion_index": 0
    }
  ],
  "analysis": {
    "cardinality": 293,
    "char_count": 4190,
    "ocr_confidence": 0.435,
    "sha256": "58db1ceba54c3572c89f96a9040a8a189a62b7728663762f2e5c1a7db840910d",
    "simhash": "1:2e8f7f9b97b29a91",
    "word_count": 727
  },
  "last_updated": "2023-07-14T17:00:36.855594+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "CHARITY C. FRANKLIN against PH\u0152BE RIDENHOUR."
    ],
    "opinions": [
      {
        "text": "Battle, J.\nThis case comes directly within the principle decided by this Court at December Term, 1859, in the case of Futrill v. Futrill, 5 Jones\u2019 Eq. 51. The defendant\u2019s testator was the confidential agent of the plaintiff, and the manager of all her affairs. As such, he ought not to have taken from her a bond to secure her alleged indebtedness to him at a time when he had not rendered her a full account of his agency, so as to have given her time to examine it, and ascertain its correctness. Under such circumstances, the Court 'of Equity will not allow the judgment at law, which his personal representative has obtained upon the bond, any other effect than to stand as a security for whatever may be found to be due to the defendant as executrix, upon taking an account between the parties, on the footing of principal and agent.\nThe injunction granted upon the filing of the bill was, therefore, upon the coming in of the answer, properly confined, and the order to that effect must be affirmed.\nPeb Curiam, Order below affirmed,.",
        "type": "majority",
        "author": "Battle, J."
      }
    ],
    "attorneys": [
      "Boyden, for the plaintiff.",
      "Grumpier, for the defendant."
    ],
    "corrections": "",
    "head_matter": "CHARITY C. FRANKLIN against PH\u0152BE RIDENHOUR.\nWhere the confidential agent of an aged woman, the manager of all her affairs, took from her a bond to secure an alleged indebtedness without rendering a full account, and without giving her an opportunity deliberately to examine into the dealings, it was Held that such bond should only stand as a security for what might be due upon taking an account in this Court.\nAppeal from the Court of Equity of Surry county.\nThe plaintiff was an aged and infirm woman residing upon her plantation, and having no family hut some nine slaves and two dependent and weak-minded relatives. The defendant\u2019s testator, Haywood Thompson, was a neighbor in whom she had great confidence, and whom she employed as agent and adviser in all her affairs. Tie received her money, sold her property, when any was sold, bought provisions, paid her .debts, and professed to keep a strict account of all the dealings between them. This agency continued for five years without any settlement or adjustment of their dealings; at the end of that period, the testator, Mr. Thompson, fell sick, and after lingering for several weeks, he died. During this period of his illness, several notes were prepared on a consultation between the sick man and his friends, as the balances due from the plaintiff. These amounts were arrived at, partly by reference to loose memoranda, on small slips of paper, on \u25a0which sometimes, only plaintiff\u2019s name and a sum of money were set down, and partly to the memory of testator\u2019s wife, who kept some of these slips, and whose memory seemed to be the chief resource for information, and the book of accounts was confessedly \u201c a small matter.\u201d When these sums had been agreed on, two of testator\u2019s friends, Nicholson and Suthard, were despatched to procure the signatures of the plaintiff, and such was the profound confidence of the old lady in the integrity of her agent, that as these messengers say, she would not permit them even to read the notes, but signed them, declaring that she knew Playwood Thompson, and that he was an honest man, and would not cheat her. The notes thns obtained, were sued on by the executrix of the agent Thompson, and judgments at law recovered. The bill is filed for an injunction, and for an account and settlement of the agency, alleging that the said notes are greatly too large, and not at all sustained by the account which was kept by the defendant\u2019s testator, in his book- of accounts; that she has been imposed upon by the implicit confidence which she had in the integrity and business qualities of her said agent.\nThe agency, and the confidential relation stated in the plaintiff\u2019s bill, are admitted to the fullest extent in the answer, and the chief scope of it, is to justify the amounts for which the notes were given, by enumerating a great number of small transactions as grounds of the plaintiff\u2019s indebtedness to the defendant\u2019s testator.\nOn the coming in of the answer, a motion was made in the Court below to dissolve the injunction which was refused by his Honor, and the defendant appealed.\nBoyden, for the plaintiff.\nGrumpier, for the defendant."
  },
  "file_name": "0420-01",
  "first_page_order": 428,
  "last_page_order": 430
}