Penniman v. . Winder
Supreme Court of North Carolina
Civil action, tried before Gwion, J., at February Term, 1920, of Pasquotank. From a judgment of nonsuit, the plaintiff appealed.
1Opinion of the CourtBeown, J.
It appears in evidence that the plaintiff and defendant entered into a contract whereby plaintiff agreed to sell defendant, and defendant agreed to buy 95 tons of oyster-shell lime f. o. b. vessel at Baltimore, and defendant arranged with Wathen & Confgany, ship brokers, of Baltimore, Md., for the schooner “Mary G-aillard” to receive the said lime at Baltimore for him.
The plaintiff did not deliver the lime to the defendant at Baltimore, and did not ship same to him open, but shipped same to be delivered at Hall’s Creek, Little River, N.. C., to “order notify,” defendant, and attached the bill…
2Cases cited2 opinions
- Joyce v. . AdamsNew York Court of Appeals · 1853
- Sims v. Norfolk & Western RailroadSupreme Court of North Carolina · 1902
3Cited by4 opinions
- Davis v. . GulleySupreme Court of North Carolina · 1924
- Norfolk Southern Railroad v. Armfield Co.Supreme Court of North Carolina · 1925
- Early & Daniels Co. v. Aulander Flour MillsSupreme Court of North Carolina · 1924
- Smith v. CallawayCourt of Appeals of Georgia · 1923