Bond Willis v. . Hilton
Supreme Court of North Carolina
ActioN of TRESPASS ON the case, tried before bis Honor, Judge Person, at the Spring Term, 1855, of "Washington Superior Court. The plaintiffs and defendant were part owners of the schooner Sarah Louisa: a cargo belonging, one half of it to Short & Go., and the other half to the owners of the vessel, was put on board. The defendant agreed to act as master of the schooner from Plymouth to the West Indies and back, and the cargo was consigned to him.
Read the full summary
ActioN of TRESPASS ON the case, tried before bis Honor, Judge Person, at the Spring Term, 1855, of "Washington Superior Court. The plaintiffs and defendant were part owners of the schooner Sarah Louisa: a cargo belonging, one half of it to Short & Go., and the other half to the owners of the vessel, was put on board. The defendant agreed to act as master of the schooner from Plymouth to the West Indies and back, and the cargo was consigned to him. The defendant, in charge of the vessel, left Plymouth on the 26th or 27th of December, 1848 ; arrived at New-Berne, (where it was understood he…
1Opinion of the CourtNash, C. J.
When this case was before the court at June Term, 1853, it was decided that the action was properly brought in “ Case.” Busb. Rep. 308; see also, Williamson v. Dickens, 5 Ired. R. 269. The controversy arises upon the charge of his Honor, who tried the cause below upon the question of damages : the jury were informed that “ inasmuch as the plaintiffs had not declared on the contract, they could not recover for any violation of it merely.” And again, “the-mere fact that defendant had turned the vessel over to Moss, did not entitle the plaintiffs to recover any thing, unless they satisfied the…
2Cited by8 opinions
- Mast v. Sapp.Supreme Court of North Carolina · 1906
- Eller v. RailroadSupreme Court of North Carolina · 1905
- Davis Bros. v. WallaceSupreme Court of North Carolina · 1925
- Armentrout v. HughesSupreme Court of North Carolina · 1958
- Armentrout v. HughesSupreme Court of North Carolina · 1958
3 more not listed; retrieve them via the Exa API.