Davidson Development Co. v. Southern Railway Co.
Supreme Court of North Carolina
AotxoN tried before Justice, J., and a jury, at November Term, 1901, of Davidson. ByAestimony offered on tbe part of plaintiff, and admissions of defendant company, it was made to appear tbat, in compliance with an order from plaintiff, John T. Watson on 28 June, 1906, delivered to the defendant at Danville, Va., two carloads of brick, taking therefor a bill of lading to his order, “notify W. TI.
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AotxoN tried before Justice, J., and a jury, at November Term, 1901, of Davidson. ByAestimony offered on tbe part of plaintiff, and admissions of defendant company, it was made to appear tbat, in compliance with an order from plaintiff, John T. Watson on 28 June, 1906, delivered to the defendant at Danville, Va., two carloads of brick, taking therefor a bill of lading to his order, “notify W. TI. Phillips, Lexington, N. C.,” who was secretary and treasurer of plaintiff company. Said Watson drew a draft for $110.25, the price of the brick, on the plaintiff company, and attached thereto the…
1Opinion of the Court
Hoice, J.,
after stating the facts: There is no question of the position insisted on by defendant, that the consignor of goods who has shipped them to his 'own order may divert them from their original destination, and as a general rule this is not changed by the fact that they are shipped with directions to notify a given person, the proposed vendee. Under such an arrangement, without more, the goods remain the property of the original owner, and he has the right to dispose of them as he desires. This right, however, as between the parties, does not exist when the carrier has given a bill of…
2Cases cited7 opinions
- Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1872
- Rocky Mount Mills v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1896
- Tillinghast v. Cotton Mills.Supreme Court of North Carolina · 1906
- Mather v. American Express Co.Massachusetts Supreme Judicial Court · 1884
- Neal v. Pender-Hyman Hardware Co.Supreme Court of North Carolina · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Harper Furniture Co. v. Southern Express Co.Supreme Court of North Carolina · 1908
- Peanut Co. v. . R. R.Supreme Court of North Carolina · 1911
- Builders Supply & Equipment Corp. v. GaddSupreme Court of North Carolina · 1922
- Myers v. Norfolk Southern RailroadSupreme Court of North Carolina · 1916
- Virginia-Carolina Peanut Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
8 more not listed; retrieve them via the Exa API.