Legal Opinion

Gray v. Central Warehouse Co.

Supreme Court of North Carolina

Decided April 6, 1921Published

Appeal by- defendants from Oormor, Jat December Term, 1920, of LENOIR. Tbis is an action by George W. Gray, alleging that since 1914 he has been engaged in the business of buying tobacco sold on the floors of the tobacco warehouses located in Kinston, N. C., and up to 1920 had bought large quantities of tobacco, and that the buying of leaf tobacco upon warehouse floors is the principal business and occupation of the plaintiff, who has a license from the U. S. Government to…

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Appeal by- defendants from Oormor, Jat December Term, 1920, of LENOIR. Tbis is an action by George W. Gray, alleging that since 1914 he has been engaged in the business of buying tobacco sold on the floors of the tobacco warehouses located in Kinston, N. C., and up to 1920 had bought large quantities of tobacco, and that the buying of leaf tobacco upon warehouse floors is the principal business and occupation of the plaintiff, who has a license from the U. S. Government to buy leaf tobacco; that the persons, firms, and corporations named as defendants compose a voluntary association known as…

1Opinion of the Court

Clark, O. J.

The only question presented is whether under the allegations of the complaint and admissions in the answer, and on the facts found by him, his Honor was justified in entering the order appealed from.

The Kinston Board of Trade is a voluntary organization, and they had the right to exclude or expel the plaintiff from membership therein with or without cause,, and his Honor properly held that he did not pass upon that question, but inasmuch as the defendant warehouse companies *169were operating tbeir property “affected with the public use,” he rightly held that they had no power to…

2Cases cited16 opinions

  1. Munn v. IllinoisSupreme Court of the United States · 1877
  2. United States v. American Tobacco Co.Supreme Court of the United States · 1910
  3. Budd v. New YorkSupreme Court of the United States · 1892
  4. People v. . BuddNew York Court of Appeals · 1889
  5. Head v. Amoskeag Manufacturing Co.Supreme Court of the United States · 1885

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