Moon-Taylor Co. v. Gray-Smith Milling Co.
Supreme Court of North Carolina
Appeal by intervenor from Adams, J., at May Term, 1918, of GurL-EORD. This is an action brought by Moon-Taylor Company, a corporation, with its principal office in Greensboro, against Gray-Smith Milling Company, a corporation, with its principal office in Wooster, State of Ohio. The milling company shipped a car-load of wheat to W. A. Watson & Co., of Greensboro, with sight draft attached to bill of lading, order notify A. G. Smith.
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Appeal by intervenor from Adams, J., at May Term, 1918, of GurL-EORD. This is an action brought by Moon-Taylor Company, a corporation, with its principal office in Greensboro, against Gray-Smith Milling Company, a corporation, with its principal office in Wooster, State of Ohio. The milling company shipped a car-load of wheat to W. A. Watson & Co., of Greensboro, with sight draft attached to bill of lading, order notify A. G. Smith. Watson & Co. paid the draft, and the plaintiff attached the proceeds, the sum of $1,120.20, the plaintiff claiming that the milling company was indebted to it in…
1Opinion of the CourtAlleN, J.
The burden was on the intervenor to show title to the property attached (Mfg. Co. v. Tierny, 133 N. C., 631), and consequently his Honor could not do otherwise than charge the jury that it must establish the fact by the greater weight of the evidence, which he did in the part of the charge excepted to.
Nor was the intervenor entitled to judgment, notwithstanding the verdict.
*411Tbe only admission made by tbe plaintiff was as to tbe endorsement; and tbe credibility of tbe other evidence tending to prove that tbe inter-venor was tbe bolder, in due course, of tbe draft, if uncontradicted, was for tbe…
2Cases cited2 opinions
- State v. . LeakSupreme Court of North Carolina · 1911
- Manufacturing Co. v. . TierneySupreme Court of North Carolina · 1903
3Cited by2 opinions
- Deaton v. DeatonSupreme Court of North Carolina · 1951
- Arnold v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1928