Pendergraph v. American Railway Express Co.
Supreme Court of North Carolina
Appeal by defendant from Lyon, J., at March Term, 1919, of Due-ham. On 31 August, 1918, the plaintiffs delivered to the defendant company two boxes of carpenters’ tools at Lee Hall, Va., for shipment to Norfolk, Va. The defendant failed to transport and deliver said tools according to contract and plaintiffs brought this action in December, 191S, before a justice of the peace, who rendered judgment in favor of the plaintiffs for $200, and defendant appealed.
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Appeal by defendant from Lyon, J., at March Term, 1919, of Due-ham. On 31 August, 1918, the plaintiffs delivered to the defendant company two boxes of carpenters’ tools at Lee Hall, Va., for shipment to Norfolk, Va. The defendant failed to transport and deliver said tools according to contract and plaintiffs brought this action in December, 191S, before a justice of the peace, who rendered judgment in favor of the plaintiffs for $200, and defendant appealed. In February, 1919, before the ease was tried in tbe Superior Court, the two boxes of tools were found and delivered to plaintiffs.…
1Opinion of the Court
Clark, O. J.
The Superior Court had plenary power, Revisal, 1476, if amendment had been necessary. The amount of the recovery in the Superior Court was not governed by the judgment rendered by the magistrate. Before the magistrate the judgment for $200 may have been based upon the value of the tools, plus the loss of time directly caused by their nondelivery. On the trial in the Superior Court it may well be that the jury deducted the amount of the value of the tools, which had then been found. At any rate, their verdict was based upon the value of the time lost by the plaintiff until they…
2Cases cited4 opinions
- Frœlich v. Southern Express Co.Supreme Court of North Carolina · 1872
- Story Lumber Co. v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Rawls v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1917
- Lewark v. RailroadSupreme Court of North Carolina · 1905
3Cited by11 opinions
- Troitino v. GoodmanSupreme Court of North Carolina · 1945
- Gulf States Creosoting Co. v. LovingCourt of Appeals for the Fourth Circuit · 1941
- Hanna v. Brictson Mfg. Co.Court of Appeals for the Eighth Circuit · 1932
- Dale Truck Line, Inc. v. R. & M. Well Servicing & Drilling Co.Court of Appeals of Texas · 1956
- Raleigh Iron Works Co. v. Lee County Cotton Oil Co.Supreme Court of North Carolina · 1926
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