Howland v. . Forlaw
Supreme Court of North Carolina
This was a Civil action, in the nature of trover, brought to recover the value of certain fish-scrap and oil sold by B. L. Webb & Co., who were in charge of plaintiffs’ mills, to the defendant, tried at Fall Term, 1890, of the Superior Court of Carteret County, before Armfield, J. His Honor refused to give instructions asked, and charged the jury as follows: “That the contract between plaintiffs Howland and B. T. Webb & Co., was' not a copartnership contract, but was a…
Read the full summary
This was a Civil action, in the nature of trover, brought to recover the value of certain fish-scrap and oil sold by B. L. Webb & Co., who were in charge of plaintiffs’ mills, to the defendant, tried at Fall Term, 1890, of the Superior Court of Carteret County, before Armfield, J. His Honor refused to give instructions asked, and charged the jury as follows: “That the contract between plaintiffs Howland and B. T. Webb & Co., was' not a copartnership contract, but was a contract of rental of the property of plaintiffs for one-fourth of the product of the factory. That if the plaintiffs were in…
1Opinion of the CourtAvery, J.
after stating the facts: By the terms of the covenant entered into between the plaintiffs Ralph Howland and L. C. Howland and B. F. Webb & Co., the plaintiffs agree to “furnish” the firm “a purse seine and two purse boats, also the fish-scrap and oil works, with appurtenances, situated on Steep Point on North River,” while Webb & Co. agreed to “deliver” to him “ one-fourth of the gross product of oil and scrap of said factory, seine oil to be barrelled and scrap in bulk in scrap-house, all to be in shipping order.” B. T. Webb & Co. further covenanted to pay all of the expenses of catching…
2Cases cited4 opinions
- Harrison v. . RicksSupreme Court of North Carolina · 1874
- Harrison v. . HoffSupreme Court of North Carolina · 1889
- Ray v. . GardnerSupreme Court of North Carolina · 1880
- Haywood v. . RogersSupreme Court of North Carolina · 1875
3Cited by6 opinions
- Hall v. OdomSupreme Court of North Carolina · 1954
- Russell v. . HillSupreme Court of North Carolina · 1899
- Deaver v. . RiceSupreme Court of North Carolina · 1838
- Reynolds v. . TaylorSupreme Court of North Carolina · 1907
- White v. . FoxSupreme Court of North Carolina · 1899
1 more not listed; retrieve them via the Exa API.