The questions involved on this appeal, as stated by appellant, relate to rulings of the court below in these respects: (1) In *40refusing to grant its motion for judgment as in ease of nonsuit; (2) in overruling objections to tbe testimony of tbe witness Berner; (3) in refusing to submit issues tendered by it; (4) in submitting tbe third and fourth issues; and (5) in instructing tbe jury peremptorily. After a full and careful consideration we find no error in any of these rulings.
(1-2) Tbe plaintiff is proceeding under tbe provisions of tbe Uniform Fiduciaries Act, Public Laws of 1923, cb. 85; Michie’s Code, 1935, sec. 1864 (d) to (q). Similar acts have been passed by fourteen other states, including tbe District of Columbia. It is said that tbe purpose of tbe acts is to establish uniform and definite rules in tbe place of diverse and indefinite rules, relating to “constructive notice” of breaches of fiduciary obligations.
At tbe outset it is noted that in section one of tbe act it is declared that unless tbe context or subject matter otherwise requires (a) tbe word “fiduciary” includes, among others named, “officer of a corporation, public or private,” (b) tbe word “person” includes “a corporation,” and others named; and (c) tbe word “principal” includes any person to whom a fiduciary as such owes an obligation.
Plaintiff invokes tbe provisions of section five of tbe act, particularly tbe latter part thereof. For practical application to tbe case in band that portion of tbe act, paraphrased, provides: That if a check is drawn in tbe name of bis principal by a fiduciary, tbe creditor or other payee is liable to tbe principal (1) if such check is payable to a personal creditor of tbe fiduciary and delivered to tbe creditor in payment of a personal debt of tbe fiduciary to tbe actual knowledge of tbe creditor, or (2) is drawn and delivered in any transaction known by tbe payee to be for tbe personal benefit of tbe beneficiary, (3) if tbe fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering tbe check.
Applying this portion of tbe act to tbe factual situation in band, defendant admits that it entered into contracts for tbe sale of certain lands to John Overton Paine, and that in payment of tbe amounts payable on execution of tbe contracts, John Overton Paine delivered to defendant and it accepted two checks drawn in tbe name of Paine Statistical Corporation, by John Overton Paine, President, and payable to defendant. This admission brings defendant within tbe purview of tbe first and second paragraphs of section five as above paraphrased. Furthermore, in tbe further defense defendant avers that it, in good faith, sold tbe lands to John Overton Paine, that be went into possession and collected rents and that it stands ready to carry out tbe transactions with him. Is there, then, any evidence that tbe “fiduciary” John Overton Paine in fact committed a breach of bis obligation as fiduciary, that is, as an officer of Paine Statistical Corporation, in so drawing or delivering tbe two cheeks to defendant? Tbe testimony of tbe certified public *41accountant, Beiner, is sucb evidence. It tends to show that the books and records do not reflect the purchase by the corporation of any land in North Carolina, nor do they contain any statement or indication of any authority to John Overton Paine to purchase any such land for the corporation, or otherwise, or that the corporation was indebted to him in any amount, or that it loaned any moneys or authorized the loan of any corporate funds to him; and that the checks were actually drawn on hank accounts of the corporation in which it had deposited cash received from customers and funds derived from sale of customers’ securities.
The evidence further tends to show that the nature and course of the business of Paine Statistical Corporation was such as not to indicate a relationship from which implied authority in John Overton Paine to draw the checks for his personal use may be inferred. But, defendant contends that the testimony of the witness Beiner is incompetent.
In this connection it is noted that the court below, without objection, finds and holds the witness to be an expert accountant. The competency of a witness to testify as an expert is a question primarily addressed to the sound discretion of the court, and his discretion is ordinarily conclusive. S. v. Wilcox, 132 N. C., 1120, 44 S. E., 625; Shaw v. Handle Co., 188 N. C., 222, 124 S. E., 325; Liles v. Pickett Mills, 197 N. C., 772, 150 S. E., 363; S. v. Brewer, 202 N. C., 187, 162 S. E., 363; S. v. Cofer, 205 N. C., 653, 172 S. E., 176; Hardy v. Dahl, 210 N. C., 530, 187 S. E., 788.
The witness being an expert accountant, his testimony, based upon personal examination of the books and records of the corporation, is clearly competent. S. v. Hightower, 187 N. C., 300, 121 S. E., 616; Loan Assn. v. Davis, 192 N. C., 108, 133 S. E., 530; Bank v. Crowder, 194 N. C., 331, 139 S. E., 604; S. v. Maslin, 195 N. C., 537, 143 S. E., 3; S. v. Rhodes, 202 N. C., 101, 161 S. E., 722; S. v. Brewer, supra.
Having held that the testimony of the witness Beiner is competent and admissible, it is deemed unnecessary to consider the contention of plaintiff that the exceptions relating thereto are not timely entered in accordance with the provisions of C. S., 590. Yet, let it not be understood that the exceptions are timely entered.
(3-4) The issues submitted are sufficient to present to the jury proper inquiries as to all determinative facts in dispute, as well as to afford the parties opportunity to introduce all pertinent evidence and to apply it fairly. Hence, there is no error in refusing to submit the issues tendered by defendant. Saieed v. Abeyounis, 217 N. C., 644; Hill v. Young, 217 N. C., 114, 6 S. E. (2d), 840, and cases cited. Therefore, the objection to the submission of the third and fourth issues is untenable.
5. While it is true as a general principle of law that the trial judge cannot direct a verdict in favor of the party upon whom rests the burden of proof, but “if the facts are admitted or established, and only one *42inference can be drawn from them, tbe judge may draw tbe inference and so direct tbe jury.” McIntosh, North Carolina P. & P., 632. In tbe present case tbe admissions of defendant virtually cover the facts sought to be elicited by tbe first, second and third issues. As to tbe fourth issue, tbe evidence is all one way, and is susceptible of only one inference.
In tbe judgment below we find
No error.