Hamlet Grocery Co. v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Allen, J., at April Term, 1915, of Hoke. Civil action tried upon a waiver of trial by jury. It appears by the findings of fact that, on 20 October, 1913, the E. J. Eeynolds Tobacco Company, as consignor, at the request of the plaintiff, delivered to the Southern Eailway Company, at Winston, N. C., twenty caddies of tobacco and received from it for transportation and delivery to Farmers Furnishing Company at Eaeford, N. O., a bill of lading,…
Read the full summary
Appeal by defendant from Allen, J., at April Term, 1915, of Hoke. Civil action tried upon a waiver of trial by jury. It appears by the findings of fact that, on 20 October, 1913, the E. J. Eeynolds Tobacco Company, as consignor, at the request of the plaintiff, delivered to the Southern Eailway Company, at Winston, N. C., twenty caddies of tobacco and received from it for transportation and delivery to Farmers Furnishing Company at Eaeford, N. O., a bill of lading, describing the tobacco company as consignor, by which the railway company agreed to ship the tobacco to the Farmers Furnishing…
1Opinion of the Court
Waleer, J.,
after stating the case: We will consider the case upon three questions:
First. Plaintiff was not the consignee named in the bill of lading, which contains the full contract with the carrier for the transportation and delivery of the tobacco. In the first place it is stated in the case that he had sold the goods to the Farmers Furnishing Company, and *243therefore the property in them passed at once to it. Secondly, the latter company was the consignee, according to the contract of shipment, and was so designated in the bill of lading. When the goods were lost and it transferred its…
2Cases cited9 opinions
- Stone & Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- Whitehead v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1882
- Coble v. ShoffnerSupreme Court of North Carolina · 1876
- Alexander v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- Hunter v. Randolph.Supreme Court of North Carolina · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Colt v. . KimballSupreme Court of North Carolina · 1925
- J. B. Colt Co. v. KimballSupreme Court of North Carolina · 1925
- Eagles v. . R. R.Supreme Court of North Carolina · 1922
- B. F. Eagles Co. v. East Carolina RailwaySupreme Court of North Carolina · 1922
- Coble v. . ShoffnerSupreme Court of North Carolina · 1876