Farrell & Co. v. Richmond & Danville R. R.
Supreme Court of North Carolina
This was a civil ACTION, tried before Merrimon, J., and a jury, at June Term, 1888, of the Superior Court of Duehaji County.
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This was a civil ACTION, tried before Merrimon, J., and a jury, at June Term, 1888, of the Superior Court of Duehaji County. The plaintiffs alleged, in substance, that they were residents of Philadelphia, Penn.; that they sold a safe on credit to Robertson & Rankin, of Durham, N. C.; that they delivered it to the defendant company for transportation to Durham, in said State, directed to said Robertson & Rankin ; that after said shipment, and before its delivery to the purchasers, the plaintiffs learned that the purchasers were insolvent, and that they notified the defendant not to deliver the…
1Opinion of the CourtShepherd, J.
(after stating the case). Several objections were made to the testimony, all of which we think were properly overruled. That which relates to the witness speaking of the contents and effect of “ Exhibit A,” would have been tenable, but as the exhibit was subsequently introduced, and was entirely consistent with the witness’ statement, the defendant was in no wise prejudiced, and the exception is therefore without merit.
It is proper to notice that the third instruction asked by the defendant was, that if the jury should believe a certain state of facts, “ the plaintiffs are not entitled to…
2Cases cited2 opinions
- Brother & Brother v. Peters & BrotherSupreme Court of Alabama · 1879
- Blackman v. PierceCalifornia Supreme Court · 1863
3Cited by20 opinions
- Norton v. North Carolina RailroadSupreme Court of North Carolina · 1898
- Howard v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Willis v. Atlantic & Danville RailroadSupreme Court of North Carolina · 1898
- Witsell v. . R. R.Supreme Court of North Carolina · 1897
- Alexander v. Richmond & Danville RailroadSupreme Court of North Carolina · 1893
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