Hendon v. North Carolina R. R.
Supreme Court of North Carolina
Civil ActioN demanding the issue of a duplicate 'certificate of stock in the defendant corporation to replace one owned and lost by plaintiff, tried before Bryan, J., at March Term, 1899, of Superior Court of Dubham County.
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Civil ActioN demanding the issue of a duplicate 'certificate of stock in the defendant corporation to replace one owned and lost by plaintiff, tried before Bryan, J., at March Term, 1899, of Superior Court of Dubham County. The complaint alleged that the plaintiff was the owner of 2 shares of stock in the defendant company, for which scrip had been regularly issued to her, and which she had never transferred to any one, but that it had become lost in 1874, and could not be found after diligent search; that she had always been recognized as the owner of 2 shares, and had received all dividends…
1Opinion of the CourtClark, J.
Tlris was an action alleging loss of a certificate for 2 shares of stock in the defendant company, and asking for reissue of tlie certificate for the same. The allegation of loss was the basis of the plaintiff’s action, and being denied in the answer, the issue of fact thus raised should have been submitted to the jury.
In the course of a trial when evidence to prove an alleged fact is primarily in writing, and secondary evidence is offered upon the ground that such writing has been lost or destroyed, it is for the Court to find the question of fact, whether the loss or destruction of the…
2Cases cited9 opinions
- Atlantic Express Co. v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1892
- Bonds v. . SmithSupreme Court of North Carolina · 1890
- State Ex Rel. Caldwell v. WilsonSupreme Court of North Carolina · 1897
- Johnson v. . PrairieSupreme Court of North Carolina · 1884
- State ex rel. Railroad Commissioners v. Western Union Telegraph Co.Supreme Court of North Carolina · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Avery v. Stewart.Supreme Court of North Carolina · 1904
- Hendon v. North Carolina RailroadSupreme Court of North Carolina · 1900
- R. R. v. . R. RSupreme Court of North Carolina · 1889
- Commissioners v. . Telegraph Co.Supreme Court of North Carolina · 1893