Mason v. A. E. Nelson Cotton Co.
Supreme Court of North Carolina
Action heard on demurrer to complaint, before Ward, J., at Eall Term, 1907, oIMecKLENbueg-. The facts stated in the complaint, considered material to a proper understanding of the cause, are: 1. That in August, 1906, defendant A. E. Nelson, doing a cotton business in Texas, contracted to sell and deliver to plaintiff, resident and doing business in Charlotte, • N. C., fifty bales of cotton, at the price of 8% cents per pound, and guaranteed that said cotton, in grade,…
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Action heard on demurrer to complaint, before Ward, J., at Eall Term, 1907, oIMecKLENbueg-. The facts stated in the complaint, considered material to a proper understanding of the cause, are: 1. That in August, 1906, defendant A. E. Nelson, doing a cotton business in Texas, contracted to sell and deliver to plaintiff, resident and doing business in Charlotte, • N. C., fifty bales of cotton, at the price of 8% cents per pound, and guaranteed that said cotton, in grade, texture and quality, was according to samples exhibited. 2. That on 6 August, 1906, the said defendant A. E. Nelson, in…
1Opinion of the Court
Hoke, J.,
after stating the case: In the case of Finch v. Gregg, reported in 126 N. C., 176, this Court held in effect that when a purchaser and consignee of goods has accepted and paid a draft drawn on himself by the consignor for the *496purchase price to a holder of the draft, “in due course,” said holder, having taken an assignment of the bill of lading, attached or otherwise, as security .for the amount paid in obtaining the draft, and this bill of lading is turned over to the consignee on the payment of the draft, who thereby obtains possession of the goods, the said consignee can recover of…
2Cases cited22 opinions
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
- Hill v. RailroadSupreme Court of North Carolina · 1906
- Goetz v. Bank of Kansas CitySupreme Court of the United States · 1887
- Center School Township v. State ex rel. Board of School CommissionersIndiana Supreme Court · 1898
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