Willard Manufacturing Co. v. Tierney
Supreme Court of North Carolina
AotioN by tbe Willard Manufacturing Company against G. H. Tierney & Co. and others, in wbicb the Merchants’ National Bank of Vicksburg, Miss., intervenes, heard by Judge W. B. Allen and a jury, at January Term, 1903, of the Superior Court of Dukham County.
Read the full summary
AotioN by tbe Willard Manufacturing Company against G. H. Tierney & Co. and others, in wbicb the Merchants’ National Bank of Vicksburg, Miss., intervenes, heard by Judge W. B. Allen and a jury, at January Term, 1903, of the Superior Court of Dukham County. In August, 1901, the plaintiff bought by sample from defendants 118 bales of cotton, and in September the defendants delivered forty bales thereof and drew a draft on the plaintiff with bill of lading attached for $514.48, which draft the plaintiff paid. The plaintiff alleged that the forty bales did not come up to sample, and claimed…
1Opinion of the Court
OoNNOR, J.,
after stating the facts. We think that the exception to his Honor’s ruling in submitting the second issue in regard to the draft of $574.48 should be sustained. The question raised by the interplea on the part of tbe bank is *635correctly stated in tbe fifth issue, towsdt: “Was tbe cotton attached by the plaintiff the property of the Merchants National Bank at the time of levying the attachment?” Its ownership of the draft for $514.48 was entirely immaterial, and the submission of an issue in regard to it was calculated to prejudice the interpleader. His Honor, so far as the record…
2Cases cited8 opinions
- Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
- Finch v. . GreggSupreme Court of North Carolina · 1900
- Armour Packing Co. v. DavisSupreme Court of North Carolina · 1896
- Cotton Mills v. Weil.Supreme Court of North Carolina · 1901
- Wallace Bros. v. RobesonSupreme Court of North Carolina · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Mason v. A. E. Nelson Cotton Co.Supreme Court of North Carolina · 1908
- Worth Co. v. International Sugar Feed No. 2 Co.Supreme Court of North Carolina · 1916
- McKeel v. . HollomanSupreme Court of North Carolina · 1913
- First National Bank of Columbus v. RochamoraSupreme Court of North Carolina · 1927
- Moon v. . SimpsonSupreme Court of North Carolina · 1915
5 more not listed; retrieve them via the Exa API.