Stenhouse, McCauley & Co. v. Charlotte, Columbia & Augusta Railroad
Supreme Court of North Carolina
Civil aotioN, upon an alleged contract to transport cotton, tried before his Honor, Moore, One of the plaintiffs testified, that in September, 1870, he made a contract with one W. W. Pegram, who was then acting as the local agent of defendant at the depot, in Charlotte, for the reception and transportation of cotton at that place for New York, at the rate of $2.78 per bale from Charlotte via Charleston to New York, from that time to the 1st of January, 1871. The plaintiffs…
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Civil aotioN, upon an alleged contract to transport cotton, tried before his Honor, Moore, One of the plaintiffs testified, that in September, 1870, he made a contract with one W. W. Pegram, who was then acting as the local agent of defendant at the depot, in Charlotte, for the reception and transportation of cotton at that place for New York, at the rate of $2.78 per bale from Charlotte via Charleston to New York, from that time to the 1st of January, 1871. The plaintiffs were cotton buyers and¡in pursuance of the contract delivered to defendants 592 bales of cotton, which were shipped at…
1Opinion of the CourtEjsade, J.
The plaintiff alleges that he made a contract with the defendant, through his agent, Pegram, to transport his cotton to market at a given price, and that the defendant failed to comply with the contract, by reason of which plaintiff was injured, &c. The defendant denied that Pegram was authorized to contract, or that he did in fact contract.
The power in Pegram to contract seems to be clear. He was the local agent at the depot from which the plaintiff’s cotton was to be shipped, and was in the habit of making contracts for transportation with the plaintiff and others, and the *545telegrams, which…
2Cited by2 opinions
- Henry v. WillardSupreme Court of North Carolina · 1875
- Henry v. . WillardSupreme Court of North Carolina · 1875