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THROWER v. COBLE DAIRY PRODUCTS CO-OPERATIVE

No. 184.

105 S.E.2d 428 (1958)

249 N.C. 109

George THROWER, Trading as Boulevard Supermarket, v. COBLE DAIRY PRODUCTS CO-OPERATIVE, Inc.

Supreme Court of North Carolina.

October 29, 1958.

Attorney(s) appearing for the Case

Carpenter & Webb, Charlotte, by William B. Webb, Charlotte, for defendant, appellant.

E. R. Warren, Whitener & Mitchem, Gastonia, by Basil L. Whitener and Wade W. Mitchem, Gastonia, for plaintiff, appellee.

HIGGINS, Justice.

The defendant presents three questions for review: (1) Is the defendant responsible to the plaintiff for the loss caused by Queen's falsification of the invoices? (2) Is the plaintiff barred from recovery by his negligent failure to discover and prevent Queen's fraud? (3) Did the court err in fixing the amount of the recovery?

The evidence is amply sufficient to support the court's findings that Queen was "an employee, agent, and servant...

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