Riddick v. . Dunn
Supreme Court of North Carolina
Civil actioN, beard upon a case agreed by W. B. Allen, J., at March Term, 1907, of Gates Superior Court. T'be plaintiff brought suit to recover the amount of wharf-age charges upon goods shipped on a vessel of the Albemarle Steam Navigation Company from Eranklin, Virginia, to Gatesville, in this State.
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Civil actioN, beard upon a case agreed by W. B. Allen, J., at March Term, 1907, of Gates Superior Court. T'be plaintiff brought suit to recover the amount of wharf-age charges upon goods shipped on a vessel of the Albemarle Steam Navigation Company from Eranklin, Virginia, to Gatesville, in this State. He was lessee individually of a wharf at the latter town, which was the usual and only place for the delivery of goods from the boats of the said company, plaintiff being its agent at Gatesville. It was admitted that the charge for wharfage was the customary one, and also reasonable, and that…
1Opinion of the Court
Waucer, J.,
after stating tbe case: We do not see why tbe defendant is not liable for tbe sum demanded. Tbe plaintiff was a wharfinger and dealt with bis patrons according to-a general custom or usage wbicb bad been recognized and acquiesced in by all of tbe consignees, including tbe defendant, at tbe port of Gatesville, whose goods were carried by tbe ships of tbe navigation company, namely, that tbe charges for wharfage should be paid to tbe plaintiff by them. The bill of lading was not made a part of the case agreed, and, as we are not permitted here to presume anything against the…
2Cases cited5 opinions
- Cannon v. New OrleansSupreme Court of the United States · 1874
- Bond v. . WoolSupreme Court of North Carolina · 1890
- Vaughan v. . Raleigh and Gaston R. R. CompanySupreme Court of North Carolina · 1868
- Norris v. . FowlerSupreme Court of North Carolina · 1882
- John Wooster & Co. v. BlossomSupreme Court of North Carolina · 1858
3Cited by2 opinions
- Canton Co. v. BrownCourt of Appeals for the Fourth Circuit · 1924
- Cohoon v. . HarrellSupreme Court of North Carolina · 1920