Glenn v. Southern Express Co.
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at May Term, 1915, of Wake. Tbe plaintiff, G. M. Glenn, brought two suits against tbe Southern Express Company, one for the value of one quart of whiskey and damages for refusal to deliver same, and the other for a mandamus to compel the Southern Express Company to accept at Richmond, Va., a shipment consigned to the plaintiff at Raleigh, North Carolina, containing one gallon of whiskey.
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Appeal by defendant from Daniels, J., at May Term, 1915, of Wake. Tbe plaintiff, G. M. Glenn, brought two suits against tbe Southern Express Company, one for the value of one quart of whiskey and damages for refusal to deliver same, and the other for a mandamus to compel the Southern Express Company to accept at Richmond, Va., a shipment consigned to the plaintiff at Raleigh, North Carolina, containing one gallon of whiskey. The questions of law involved in the two suits are the same, and they will be considered together. PACTS IN THE ACTION FOR DAMAGES. G. M. Glenn, a citizen of the State of…
1Opinion of the CourtAlxeN, J.
Prior to the enactment of the 'Webb-Kenyon law the refusal of the defendant to deliver the quart of whiskey, or to receive for shipment the gallon ordered by the plaintiff, could not have been upheld, as they would have been, on the facts in the record, interstate shipments for personal use (R. R. v. Brewing Co., 223 U. S., 70), and it becomes necessary, therefore, to inquire into the effect of the act of Congress upon shipments of intoxicating liquors from one State to another.
The constitutionality of the Webb-Kenyon law has been sustained by this Court in S. v. R. R., 169 N. C., 303, and in…
2Cases cited23 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Crowley v. ChristensenSupreme Court of the United States · 1890
- Leisy v. HardinSupreme Court of the United States · 1890
- In Re RahrerSupreme Court of the United States · 1891
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3Cited by22 opinions
- State v. BallanceSupreme Court of North Carolina · 1949
- State v. . BallanceSupreme Court of North Carolina · 1949
- Pine v. CommonwealthCourt of Appeals of Virginia · 1917
- Roller v. AllenSupreme Court of North Carolina · 1957
- Delaney v. PlunkettSupreme Court of Georgia · 1917
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