Pritchard v. Pasquotank & North River Steamboat Co.
Supreme Court of North Carolina
Appeal by defendant from Justice, J., at tbe February Term, 1915, of PASQUOTANK. . • Tbis action was brought to recover of W. Gr. Graither, Jr., trustee, six hundred and thirty-nine 86-100 dollars, it being the balance of two thousand dollars deposited with him by agreement of the LeEoy Steamboat Company and the defendant to pay off certain liens on two steamers, Virginia and Ilaven Belle, which were sold by the LeEoy Steamboat Company to the defendant.
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Appeal by defendant from Justice, J., at tbe February Term, 1915, of PASQUOTANK. . • Tbis action was brought to recover of W. Gr. Graither, Jr., trustee, six hundred and thirty-nine 86-100 dollars, it being the balance of two thousand dollars deposited with him by agreement of the LeEoy Steamboat Company and the defendant to pay off certain liens on two steamers, Virginia and Ilaven Belle, which were sold by the LeEoy Steamboat Company to the defendant. On 16 July, 1911, the LeEoy Steamboat Company, in consideration of $18,000, sold and delivered to the defendant the said_two steamers,…
1Opinion of the Court
Walker, J.,
after stating the case: The contention, of the defendant is, not that there was any express warranty as to the title of the “LeEoy Wharf at Newbern’s Landing,” but that the law implied a warranty of title, and as the defendant has lost that piece of the property conveyed to it by the LeEoy Steamboat Company, it should be compensated in damages and the money in the hands of the plaintiff should be applied to the payment of its claim, as defendant was legally — -and if not, then equitably — entitled thereto. But the defendant’s reasoning fails at its very inception. There was no…
2Cases cited10 opinions
- Moore v. . VallentineSupreme Court of North Carolina · 1877
- Overman v. . SasserSupreme Court of North Carolina · 1890
- E. C. Turner v. . G. A. LoweSupreme Court of North Carolina · 1872
- State v. Martin.Supreme Court of North Carolina · 1906
- Foote v. . GoochSupreme Court of North Carolina · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Springs v. . Refining Co.Supreme Court of North Carolina · 1933
- Springs v. Atlantic Refining Co.Supreme Court of North Carolina · 1933
- Stephens v. CarterSupreme Court of North Carolina · 1957
- Turpin v. County of JacksonSupreme Court of North Carolina · 1945
- Jenkins v. . FloydSupreme Court of North Carolina · 1930
4 more not listed; retrieve them via the Exa API.