Smith v. N. C. Railroad
Supreme Court of North Carolina
Civil action, tried before Moore, J, at the July (Special) Term, 1871, of the Superior Court of Mecklenburg county.. The plaintiffs sued the defendants, before the change in our system of pleadings, in Case, declaring against the-•Company as a common carrier for an overcharge of freight, and for the non-delivery of nineteen bales of cotton which 'were put upon the defendant’s road.
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Civil action, tried before Moore, J, at the July (Special) Term, 1871, of the Superior Court of Mecklenburg county.. The plaintiffs sued the defendants, before the change in our system of pleadings, in Case, declaring against the-•Company as a common carrier for an overcharge of freight, and for the non-delivery of nineteen bales of cotton which 'were put upon the defendant’s road. In support of the declaration, one of the plaintiffs, G. W. Melton, testified, that about May 22, 1866, he shipped a lot ■of cotton belonging to the firm, (the plaintiffs,) from Chester, S. C., consigned to…
1Opinion of the CourtRodman, J.
The case comes up on exceptions by defendants for the admission of evidence.
lsf. Exception is not sustained. The contents of a writing,, which if it existed, has been lost or destroyed, and which cannot be found after diligent search, may be proved by parol.
2nd. Exception. The plaintiffs • gave, evidence to prove that they had delivered to the defendants thirty-three bales* of cotton to be carried from Chester, S. C., to New York,'and that Wilkes was general superintendent of defendants’road. They were then allowed to give in evidence that Wilkes had said that nineteen bales of the cotton had…
Also in this document: Per curiam.
2Cases cited1 opinion
- Franklin Bank v. StewardSupreme Judicial Court of Maine · 1853
3Cited by44 opinions
- National Bank of Commerce v. City of New BedfordMassachusetts Supreme Judicial Court · 1900
- Hubbard v. Southern Railway Co.Supreme Court of North Carolina · 1932
- Johnson v. Rhode Island InsuranceSupreme Court of North Carolina · 1916
- Brown v. . Montgomery Ward Co.Supreme Court of North Carolina · 1940
- Southerland v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
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