Katzenstein v. Raleigh & Gaston Railroad
Supreme Court of North Carolina
Civil Action tried on appeal from a justice’s court at Fall Term, 1.880, óf Warren Superior Court, before Graves, J. The action was instituted by the plaintiff in the justice’s 'court, to recover the sum of one hundred and fifty dollars, due by penalty given by the act of 3875, ch. 240, § 2, which reads as follows i “It shall be unlawful for any railroad company operating in this state, to allow any freight they may receive for shipment, to remain unshipped for more than…
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Civil Action tried on appeal from a justice’s court at Fall Term, 1.880, óf Warren Superior Court, before Graves, J. The action was instituted by the plaintiff in the justice’s 'court, to recover the sum of one hundred and fifty dollars, due by penalty given by the act of 3875, ch. 240, § 2, which reads as follows i “It shall be unlawful for any railroad company operating in this state, to allow any freight they may receive for shipment, to remain unshipped for more than five days, unless otherwise agreed between the railroad company and the shipper, and -any company violating this section,…
1Opinion of the CourtAshe, J.
As to the exception taken to the admission of the receipt given by Terrel in the name of Shell, we concur with the ruling of His Honor. There was abundant proof to go to the jury that Terrel was the agent of the defendant. An agent is one who is employed by another to do some act or transact some business on his account. Story on Agency, § 3; Parsons on Contracts, pp. 39 et seq. It is not necessary to' show the appointment of an agent; his agency may be inferred from the relations of the parties, and the nature of the employment. Bouvier’s Law Diet., 83.
It was in evidence that Shell was the…
2Cases cited6 opinions
- Lee v. . PearceSupreme Court of North Carolina · 1873
- Branch v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1877
- Simonton v. BarrellNew York Supreme Court · 1839
- Town of Edenton v. WoolSupreme Court of North Carolina · 1871
- City of Wilmington v. . DavisSupreme Court of North Carolina · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Sutton v. . PhillipsSupreme Court of North Carolina · 1895
- Hopkins v. . BarnhardtSupreme Court of North Carolina · 1943
- Stone & Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- North Carolina School Boards Ass'n v. MooreSupreme Court of North Carolina · 2005
- Templeton v. . BeardSupreme Court of North Carolina · 1912
40 more not listed; retrieve them via the Exa API.