Thompson v. Southern Express Co.
Supreme Court of North Carolina
ActioN tried before O. H. Allen, J., and a jury, at July Special Term, 1907, of AlamaNce. This is an action instituted before a justice of the peace of Alamance County for the recovery of $2 for the loss of a jug of whiskey alleged to have been shipped by Moyle Bros., Salisbury, N. C., to the plaintiff at Burlington, 'N. O., and for $85, the penalty provided by section 3632 of the Revisal for failure to ship and deliver within the time prescribed by law, and for $50, the…
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ActioN tried before O. H. Allen, J., and a jury, at July Special Term, 1907, of AlamaNce. This is an action instituted before a justice of the peace of Alamance County for the recovery of $2 for the loss of a jug of whiskey alleged to have been shipped by Moyle Bros., Salisbury, N. C., to the plaintiff at Burlington, 'N. O., and for $85, the penalty provided by section 3632 of the Revisal for failure to ship and deliver within the time prescribed by law, and for $50, the penalty provided by section 2634 of the Revisal for failing to adjust and pay the claim within sixty days after the same…
1Opinion of the Court
BnowN, J.,
after stating the facts: The testimony tends to prove that plaintiff ordered a jug of whiskey'to be shipped to him by defendant from Salisbury, N. C.; that it was so shipped on 22 December, 1906, .and that its value was $2, the price prepaid by plaintiff. At the commencement of this action, on 10 April, 1907, the whiskey had not been delivered. There is no evidence that it was burned, stolen or otherwise destroyed, and no evidence which tends to exonerate the defendant under the act of 1907, ch. 461. We find error in tbo record in respect to the rulings of the court upon any issue…
2Cases cited2 opinions
- Lamson v. FallsIndiana Supreme Court · 1855
- Beebe v. MorrellMichigan Supreme Court · 1889
3Cited by9 opinions
- State v. PogueMissouri Court of Appeals · 1955
- Murphy v. Burlington Overall Co.Missouri Court of Appeals · 1931
- Aaron v. FarrowSupreme Court of Oklahoma · 1925
- Robertson v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
- Eagles v. . R. R.Supreme Court of North Carolina · 1922
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