Bethlehem Motors Corp. v. Flynt
Supreme Court of North Carolina
Appeal by plaintiffs from Bryson, J., at May Term, 1919, of Foksytb:. It appears from tbe facts found by consent and from tbe admissions, affidavits and pleadings in tbe cause tbat tbe plaintiff, tbe Betblebem Motors Corporation, is engaged in tbe manufacture of Betblebem trucks in Pennsylvania, and tbat of tbe other plaintiffs tbe National Motor and Yebicle Company is engaged in tbe manufacture of tbe National automobile in Indiana; tbe W. Irving Young & Company is a…
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Appeal by plaintiffs from Bryson, J., at May Term, 1919, of Foksytb:. It appears from tbe facts found by consent and from tbe admissions, affidavits and pleadings in tbe cause tbat tbe plaintiff, tbe Betblebem Motors Corporation, is engaged in tbe manufacture of Betblebem trucks in Pennsylvania, and tbat of tbe other plaintiffs tbe National Motor and Yebicle Company is engaged in tbe manufacture of tbe National automobile in Indiana; tbe W. Irving Young & Company is a corporation of Maryland; tbat tbe Liberty Motors Corporation is incorporated in this State with its office in Winston, and…
1Opinion of the CourtCiARK, C. J.
Tbe facts being practically admitted, the real question before the Court is whether section 72, chapter 231, Laws 1917, is constitutional.
As found by the court, the trucks and automobiles consigned to the Liberty Motor Corporation and the National Motor Company by the other plaintiffs are sold direct by such consignees from their storage warehouses in this State. They are consigned to them for that purpose, and not to be used exclusively as samples or for demonstration purposes, and the court finds from the testimony that purchasers were obtained here by the said consignee companies, the cars…
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