Taylor v. Albemarle Steam Navigation Co.
Supreme Court of North Carolina
This was a civil action, tried at Fall Term, 1889, of HERTFORD Superior Court, before Brown, J. The defendant compan}', through its treasurer, John T. Hill, on April 13th, 1875, entered into a contract with W. P. Taylor and A. J. Northcott, the material parts of which are hereinafter set out. The same was also afterwards ratified by the company. Plaintiff afterwards became the assignee of Northcott’s interest.
Read the full summary
This was a civil action, tried at Fall Term, 1889, of HERTFORD Superior Court, before Brown, J. The defendant compan}', through its treasurer, John T. Hill, on April 13th, 1875, entered into a contract with W. P. Taylor and A. J. Northcott, the material parts of which are hereinafter set out. The same was also afterwards ratified by the company. Plaintiff afterwards became the assignee of Northcott’s interest. In 1884, defendant caused a new wharf (Anderson’s) to be erected about three hundred yards below' the one described in the contract, and offered inducements for shipments from it, and…
1Opinion of the Court
Shepi-ibed, J.:
1. The defendant objected to the introduction of the registry of the paper-writing, because it was not such an instrument as is required and allowed to be registered. It is contended that, at most, it was but “a license or easement to deposit and receive freights on the wharf” of the plaintiff.
We are of the opinion that the writing is within The Code, § 1264, in that it purports to convey an “interest in or concerning land.” It amounts to more than a mere license, for it grants to the defendant a right to land all freights for Winton on the plaintiffs’ wharf for the period of…
2Cases cited1 opinion
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
3Cited by4 opinions
- Starnes v. Raleigh, Charlotte & Southern Railway Co.Supreme Court of North Carolina · 1915
- Respess v. . Spinning Co.Supreme Court of North Carolina · 1926
- Michigan Central Railroad v. Chicago, Kalamazoo & Saginaw Railway Co.Michigan Supreme Court · 1903
- Respess v. Rex Spinning Co.Supreme Court of North Carolina · 1926