Hughes v. Knott.
Supreme Court of North Carolina
ActioN by W. T. Hughes and another against R. IT. Knott and another, heard by Judge B. F. Long and a jury at the September Term, 1904, of the Superior Court of WaKe County. Erom a judgment in favor of the plaintiffs, the defendants appealed. The plaintiffs sue for the possession of a lot of tobacco described in the complaint.
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ActioN by W. T. Hughes and another against R. IT. Knott and another, heard by Judge B. F. Long and a jury at the September Term, 1904, of the Superior Court of WaKe County. Erom a judgment in favor of the plaintiffs, the defendants appealed. The plaintiffs sue for the possession of a lot of tobacco described in the complaint. They allege that they are the owners and entitled to the immediate possession thereof, setting forth the facts upon which their claim of ownership is based. The defendants deny the plaintiffs’ title. It appeared that on the 20th day of January, 1904, the plaintiffs and…
1Opinion of the Court
Connor, J.,
after stating the facts: The learned judge instructed the jury to answer the first issue, which was directed to the question of .title, in the affirmative. The exception to this instruction presents the question for our decision. His Honor was of opinion that, by the terms of the contract and the conduct of the parties, the title to the property passed; that before the defendants could demand payment they were required to deliver the tobacco free on. board cars in Raleigh; he therefore instructed the jury that “the obligation of the defendants under the contract was to place the…
2Cases cited4 opinions
- Blalock v. Clark.Supreme Court of North Carolina · 1903
- Grandy v. . McCleeseSupreme Court of North Carolina · 1855
- Brown Chemical Co. v. Atkinson, Cobb & Co.Supreme Court of North Carolina · 1884
- Henderson v. . BessentSupreme Court of North Carolina · 1873
3Cited by23 opinions
- Troitino v. GoodmanSupreme Court of North Carolina · 1945
- Peaseley v. VIRGINIA IRON, COAL AND COKE COMPANYSupreme Court of North Carolina · 1973
- Wilson v. Commercial Finance Co.Supreme Court of North Carolina · 1954
- McAden v. . CraigSupreme Court of North Carolina · 1943
- Rucker v. SandersSupreme Court of North Carolina · 1921
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