Frœlich v. Southern Express Co.
Supreme Court of North Carolina
This was a civil action tried at the Superior Court of Duplin County, at the Fall Term, 1S71, before bis Honor liusselJ, J. The plaintiff alleged in his complaint that he delivered to the agent of the defendant, for transportation to Hartford, Connecticut, one barrel of wine, valued at one hundred and sixty-four dollars, to be paid for on delivery; that the defendant was a common carriel, and that it had failed to deliver the article-as it was its duty to do, wherefore the…
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This was a civil action tried at the Superior Court of Duplin County, at the Fall Term, 1S71, before bis Honor liusselJ, J. The plaintiff alleged in his complaint that he delivered to the agent of the defendant, for transportation to Hartford, Connecticut, one barrel of wine, valued at one hundred and sixty-four dollars, to be paid for on delivery; that the defendant was a common carriel, and that it had failed to deliver the article-as it was its duty to do, wherefore the plaintiff demanded judgment for two hundred and fifty dollars and costs of suit. The defendant answered, and denied the…
1Opinion of the CourtPearson, C. J.
The plaintiff is met at the outset, by the objection . This action is founded on contract, and it is ordained by the Constitution, Art. IV, Sec. 33, “ The several Justices of the Peace shall have exclusive original jurisdiction, under such regulations as the General Assembly shall prescribe, of all civil actions founded on contract, wherein the sum demanded shall not exceed two hundred dollars, and wherein the title to real estate shall not be in controversy.” This action is founded on contract, and the amount in dispute (to-wit, $161 and interest,) does not exceed.two hundred dollars.
To meet…
2Cited by22 opinions
- Rhyne v. K-Mart Corp.Supreme Court of North Carolina · 2004
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- Bullinger v. . MarshallSupreme Court of North Carolina · 1874
- Moore v. . NowellSupreme Court of North Carolina · 1886
- Bank of Arapahoe v. David Bradley & Co.Court of Appeals for the Eighth Circuit · 1896
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