McComb & Wallace v. N. C. Railroad
Supreme Court of North Carolina
Civil aotioN, (commenced in the Court of Pleas and Quarter Sessions, 1857,) tried before Moore, J., at the July (Special) Term, 1873, of the Superior'Court of MeckleNbubg county.
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Civil aotioN, (commenced in the Court of Pleas and Quarter Sessions, 1857,) tried before Moore, J., at the July (Special) Term, 1873, of the Superior'Court of MeckleNbubg county. The suit was originally commenced by one Farrow, the in-féstate of the plaintiffs against the defendant as a warehouseman, declaring on a special contract to keep and deliver to plaintiffs order on demand, four bales of cotton, and for a failure to deliver said cotton, also declaring in the common counts. Defendant pleaded “ Gen. issue.” Eor the plaintiff, Dr. Gilmer testified, that in December, 1856, he shipped on…
1Opinion of the CourtReade, J.
What an agent says or does within the scope of his agency, and while engaged in the very business, is evidence for or against his principal as part of the res gestee.
But evidence of his declarations, made subsequently, as to what he had done, is inadmissible. It is only hearsay. And this although he may continue to act as agent in other matters, or generally. Smith Melton v. N. C. R. R. Co., 68 N. C. Rep. 107. That is decisive of this case.
If the plaintiff left the cotton on storage with the defendant, *181and the defendant failed to deliver it on, demand, he is prima facie liable. If it was lost…
2Cases cited1 opinion
- Smith v. N. C. RailroadSupreme Court of North Carolina · 1873
3Cited by4 opinions
- Staley v. Royal Pines Park, Inc.Supreme Court of North Carolina · 1932
- Black v. . BayleesSupreme Court of North Carolina · 1882
- Henry v. WillardSupreme Court of North Carolina · 1875
- Henry v. . WillardSupreme Court of North Carolina · 1875