Mason v. A. E. Nelson Cotton Co.
Supreme Court of North Carolina
Action heard on demurrer to complaint, before Ward, J., at Eall Term, 1907, oIMecKLENbueg-. The facts stated in the complaint, considered material to a proper understanding of the cause, are: 1. That in August, 1906, defendant A. E. Nelson, doing a cotton business in Texas, contracted to sell and deliver to plaintiff, resident and doing business in Charlotte, • N. C., fifty bales of cotton, at the price of 8% cents per pound, and guaranteed that said cotton, in grade,…
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Action heard on demurrer to complaint, before Ward, J., at Eall Term, 1907, oIMecKLENbueg-. The facts stated in the complaint, considered material to a proper understanding of the cause, are: 1. That in August, 1906, defendant A. E. Nelson, doing a cotton business in Texas, contracted to sell and deliver to plaintiff, resident and doing business in Charlotte, • N. C., fifty bales of cotton, at the price of 8% cents per pound, and guaranteed that said cotton, in grade, texture and quality, was according to samples exhibited. 2. That on 6 August, 1906, the said defendant A. E. Nelson, in…
1DissentClark, C. J.
The complaint alleges that the defendant Nelson, in Texas, contracted to sell the plaintiff fifty bales of cotton, of a certain grade and quality, at a certain price, and shipped said fifty bales to plaintiff, taking a bill of lading to deliver same to his own (Nelson’s) order in Charlotte, N. 0. He drew a draft upon plaintiff for the purchase price, payable to defendant Trice, attached the bill of lading thereto, and delivered them for value to said Trice, who endorsed the draft and forwarded it to his correspondent in Charlotte for collection, with instructions not to deliver the bill of…
2Cases cited13 opinions
- Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- National Bank of Commerce of Boston v. Merchants' Nat. Bank of MemphisSupreme Court of the United States · 1875
- Landa v. Lattin Bros.Court of Appeals of Texas · 1898
- Finch v. . GreggSupreme Court of North Carolina · 1900
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