Corbett v. . Payne
Supreme Court of North Carolina
Appeal by plaintiffs from Connor, J., at November Term, 1923, of Edgecombe. Civil action to recover tbe value of four bales of cotton lost in transit.
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Appeal by plaintiffs from Connor, J., at November Term, 1923, of Edgecombe. Civil action to recover tbe value of four bales of cotton lost in transit. On 10 November, 1919, Corbett & Moore delivered to tbe East Caro- " lina Railway Company at Macclesfield, N. C., for shipment to J. W. Perry & Co., at Norfolk, Ya., nineteen bales of cotton under a contract of shipment containing the following provision; “Suits for loss, damage or delay shall be instituted only within two years and one day after delivery of the property, or, in case of failure to make delivery,' then within two years and one…
1Opinion of the CourtStacy, J.
Construing a similar limitation in an interstate bill of lading, with respect to when suit should be brought, the following conclusion was reached in the case of Holmes v. R. R., 186 N. C., p. 63:
“We think the provision now under consideration must be held to mean that suits for loss, damage or delay shall be instituted only within two years and one day after delivery of the property, when delivered within a reasonable time, or, in case of failure to make delivery within a reasonable time, then within two years and one May after a reasonable time has elapsed. Without regard to the contract of…
2Cases cited1 opinion
- Rogers & Co. v. East Carolina RailwaySupreme Court of North Carolina · 1923