Skyland Hosiery Co. v. American Railway Express Co.
Supreme Court of North Carolina
Appeal by defendant from Lane, J., at the May Term, 1922, of HENDERSON. Civil action to recover damages for failure to carry and to deliver a certain amount of money.
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Appeal by defendant from Lane, J., at the May Term, 1922, of HENDERSON. Civil action to recover damages for failure to carry and to deliver a certain amount of money. Upon denial of liability, and issues joined, tbe jury returned tbe following verdict: “1. Was tbe currency in controversy delivered to tbe defendant at its office in Hendersonville, as alleged? Answer: ‘Yes.’ “2. Was said currency delivered to tbe plaintiif by tbe defendant at its office in Flat Eock, as alleged? Answer: ‘No.’ “3. Was claim in writing for tbe alleged loss of money presented to tbe agent of tbe defendant company…
1Opinion of the CourtStacy, J.
It was alleged by tbe plaintiff that on 19 September, 3919, tbe First Bank and Trust Company of Hendersonville, N. C., delivered to tbe American Eailway Express Company a bag of money, containing $730 in currency (treasury certificates) and $379.95 in silver coin, making a total of $1,109.95, tbe same being consigned to tbe Skyland Hosiery Company at Flat Eock, N. C. When tbe defendant delivered said bag to tbe plaintiff on tbe following day it was ascertained, according to tbe plaintiff’s allegation, that tbe $730 in “currency” bad been removed therefrom.
Tbe defendant admitted receipt of a…
2Cases cited5 opinions
- Marquette, Houghton & Ontonagon Railroad v. KirkwoodMichigan Supreme Court · 1880
- Mitchell v. Carolina Central RailroadSupreme Court of North Carolina · 1899
- State v. FalknerSupreme Court of North Carolina · 1921
- Gwyn Harper Manufacturing Co. v. Carolina Central RailroadSupreme Court of North Carolina · 1901
- The MedeaCourt of Appeals for the Ninth Circuit · 1910
3Cited by44 opinions
- Speas v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1924
- Hunt v. EureSupreme Court of North Carolina · 1925
- Coach Co. v. . LeeSupreme Court of North Carolina · 1940
- Paris v. Carolina Portable Aggregates, Inc.Supreme Court of North Carolina · 1967
- Vance v. . GuySupreme Court of North Carolina · 1944
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