Gadson v. Toney, 316 S.E.2d 320 (N.C. Ct. App. 1984). · Go Syfert
Gadson v. Toney, 316 S.E.2d 320 (N.C. Ct. App. 1984). Cases Citing This Book View Copy Cite
38 citation events (24 in the last 25 years) across 7 distinct courts.
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Alderman v. Inmar Enterprises, Inc. (2×) also: Cited as authority (quoted)
M.D.N.C. · 2002 · quote attribution · 2 verbatim quotes · confidence high
to recover on a claim for conversion, the plaintiff must prove both ownership in himself and the wrongful posses 548 sion or conversion of the property by the defendant.
cited Cited as authority (rule) Yurk v. Terra Ctr., LLC
N.C. Ct. App. · 2026 · confidence medium
“To recover on a claim for conversion, plaintiff must prove both ownership in himself and the wrongful possession or conversion of the property by the defendant.” Gadson v. Toney, 69 N.C.
cited Cited as authority (rule) B & M Realty, LLC v. Elam
Bankr. E.D.N.C. · 2025 · confidence medium
App. 244, 246 , 316 S.E.2d 320, 321-22 (1984)).
discussed Cited as authority (rule) Kelly v. Nolan
N.C. Bus. Ct. · 2022 · confidence medium
Presumably, the conversion claim (that is, the portion of the claim alleging the conversion of equipment owned by Dunn Foot) is the only claim in the Amended Complaint asserted on behalf of Dunn Foot. possession or conversion by the defendant.” Id. (citing Gadson v. Toney, 69 N.C.
discussed Cited as authority (rule) Comput. Design & Integration, LLC v. Brown (2×) also: Cited "see"
N.C. Bus. Ct. · 2018 · confidence medium
App. 244, 246 , 316 S.E.2d 320, 322 (1984) (concluding summary judgment was improper where evidence did not establish defendant’s legal right to plaintiff’s allegedly converted property as a matter of law).
discussed Cited as authority (rule) Mills International, Inc. v. Holmes (In re Mills International, Inc.)
Bankr. E.D.N.C. · 2017 · confidence medium
The “two essential elements of a conversion claim [are] ownership in the plaintiff and wrongful possession or conversion by the defendant.” Variety Wholesalers, Inc. v. Salem Logistics Traffic Servs., LLC, 365 N.C. 520 , 723 S.E.2d 744, 747 (2012) (citing Gadson v. Toney, 69 N.C.App. 244 , 316 S.E.2d 320, 321-22 (1984)). 86.
discussed Cited as authority (rule) Spirax Sarco, Inc. v. SSI Engineering, Inc.
E.D.N.C. · 2015 · confidence medium
Accordingly, there are “two essential elements of a conversion claim: ownership in the plaintiff and wrongful possession or conversion by the defendant.” Id. (citing Gadson v. Toney, 69 N.C.App. 244, 246 , 316 S.E.2d 320, 321-22 (1984)).
discussed Cited as authority (rule) Taylor v. Bettis
E.D.N.C. · 2013 · confidence medium
Accordingly, there are “two essential elements of a conversion claim: ownership in the plaintiff and wrongful possession or conversion by the defendant.” Id. (citing Gadson v. Toney, 69 N.C.App. 244, 246 , 316 S.E.2d 320, 321-22 (1984)).
discussed Cited as authority (rule) Variety Wholesalers, Inc. v. Salem Logistics Traffic Services, LLC (2×) also: Cited "see"
N.C. · 2012 · confidence medium
App. 244, 246 , 316 S.E.2d 320, 321-22 (1984).
discussed Cited as authority (rule) DePasquale v. O'RAHILLY (2×) also: Cited "see"
N.C. Ct. App. · 1991 · confidence medium
App. 244, 246 , 316 S.E.2d 320, 321-22 (1984) (plaintiff must prove his ownership in property for conversion action to exist).
discussed Cited as authority (rule) Hailey v. Allgood Construction Co. (2×) also: Cited "see"
N.C. Ct. App. · 1989 · confidence medium
App. 244, 246 , 316 S.E.2d 320, 321-22 (1984).
cited Cited "see" Certain Underwriters at Lloyd's v. CSX Transportation, Inc.
S.D. Ill. · 2022 · signal: see · confidence high
See Gadson v. Toney, 69 N.C.App. 244, 246 (1984).
Retrieving the full opinion text from the archive…
Willie Gene Gadson
v.
Mary Black Toney
8321DC918.
Court of Appeals of North Carolina.
Jun 19, 1984.
316 S.E.2d 320
Habegger & Johnson, by Julia Hines Turner, for plaintiff, appellant. , No counsel contra.
Hedrick, Vaughn, Wells.
Cited by 18 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 62%
Citer courts: M.D. North Carolina (1)
HEDRICK, Judge.

“In this state, conversion is defined as ‘an unauthorized assumption and exercise of the right of ownership over goods or personal chattels belonging to another, to the alteration of their condition or the exclusion of an owner’s rights.’ ” Spinks v. Taylor, 303 N.C. 256, 264, 278 S.E. 2d 501, 506 (1981) (quoting Peed v. Burleson's, Inc., 244 N.C. 437, 439, 94 S.E. 2d 351, 353 (1956)). To recover on a claim for conversion, plaintiff must prove both ownership in himself and the wrongful possession or conversion of the property by the defendant. Coulbourn v. Armstrong, 243 N.C. 663, 91 S.E. 2d 912 (1956). Summary judgment is inappropriately granted when the evidence raises a genuine issue as to whether defendant’s possession of plaintiffs property is authorized or wrongful. Burns v. McElroy, 57 N.C. App. 299, 291 S.E. 2d 278 (1982).

In the instant case there is evidence tending to show that defendant had authority to withdraw plaintiffs money from the account. The account was a joint account, as evidenced by the signature card and passbook, and plaintiff had given defendant a power of attorney. Nevertheless, this evidence is not sufficient to establish as a matter of law defendant’s right to the sums deposited by plaintiff. When the evidence is considered in the light most favorable to the plaintiff, it is sufficient to raise an inference that plaintiff was the owner of the money in the joint account and that defendant wrongfully assumed and exercised the right of ownership over that property to the exclusion of plaintiffs rights as owner.

For the foregoing reasons, the judgment directing a verdict for defendant will be reversed and the cause remanded to the District Court for a new trial.

Reversed and remanded.

Chief Judge VAUGHN and Judge WELLS concur.