Morris v. American Railway Express Co.
Supreme Court of North Carolina
Appeal by defendant from Calvert, J., at the November Term, 1921, of Bertie. Among other evidence, there was testimony tending to show that plaintiffs are surviving partners of the firm of TJ. S. Morris & Brothers, at Lewiston, Bertie County. The firm was composed of U. S. Morris, W. F. Morris, and N. S. Morris. N. S. Morris lived at Sparrows Point, Md.
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Appeal by defendant from Calvert, J., at the November Term, 1921, of Bertie. Among other evidence, there was testimony tending to show that plaintiffs are surviving partners of the firm of TJ. S. Morris & Brothers, at Lewiston, Bertie County. The firm was composed of U. S. Morris, W. F. Morris, and N. S. Morris. N. S. Morris lived at Sparrows Point, Md. The others lived at Lewiston CWoodville), N. 0. In the fall of 1918 small change was scarce with the firm, and they wrote to N. S. Morris at Sparrows Point to ship them $150 in small change, nickels, dimes, quarters, and halves. N. S. Morris…
1Opinion of the CourtHoke, J.
The facts in evidence tended to show that in December, 1918, a package containing $150 in money change, belonging to plaintiffs, was received at Sparrows Point, Md., for shipment to Woodville, N. 0., by defendant as common carrier, and that same was lost in the course of shipment by negligence of defendant company.
In acceptance of these facts, liability of defendant for the amount has been established by the verdict, an'd we find no reason -presented for disturbing the results of the trial. Defendant excepts, first, for the refusal of its motion to nonsuit, but on tbe record there being no…
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