Collins v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
1Opinion of the CourtAdams, J.
It is unquestionably true as a general rule that delivery of goods by the seller thereof to a common carrier for transportation to the buyer is prima facie a transfer of title, and such goods while in the carrier’s possession are presumed to be the property of the consignee; but if before delivery to the consignee the seller notifies the carrier not to deliver the goods the carrier’s duty then depends upon the actual facts as to whether the relation between the consignor and the consignee was such that delivery to the carrier constituted a transfer of title. 10 C. J., 228, sec. 317; Moore on…
2Cases cited9 opinions
- Means v. Bank of RandallSupreme Court of the United States · 1892
- Mason v. A. E. Nelson Cotton Co.Supreme Court of North Carolina · 1908
- Grove v. BrienSupreme Court of the United States · 1850
- First National Bank of Toledo v. ShawNew York Court of Appeals · 1874
- Stone & Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
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3Cited by5 opinions
- Geoghegan Sons & Co. v. Arbuckle Bros.Supreme Court of Virginia · 1924
- State v. BlackSupreme Court of North Carolina · 1949
- Davis v. . GulleySupreme Court of North Carolina · 1924
- Norfolk Southern Railroad v. Armfield Co.Supreme Court of North Carolina · 1925
- Patterson v. American Railway Express Co.Supreme Court of South Carolina · 1924