McAlister v. American Railway Express Co.
Supreme Court of North Carolina
Civil actioN, tried, before Calvert, J., and a jury, at December Term; 1919, of RobesoN. Plaintiff shipped by the Southern Express Company a package of paint from Lumberton to Hendersonville, in this State, to his own order, and paid the freight charges thereon.
Read the full summary
Civil actioN, tried, before Calvert, J., and a jury, at December Term; 1919, of RobesoN. Plaintiff shipped by the Southern Express Company a package of paint from Lumberton to Hendersonville, in this State, to his own order, and paid the freight charges thereon. The paint was shipped on 22 March, 1918, and not being delivered, on 2 May, 1918, he filed a written claim with the Southern Express Company for the negligent failure to transport and deliver the same, claiming damages in the sum of $16 for the paint and freight paid, and $50 for the penalty. The Southern Express Company was not…
1Opinion of the Court
Walker, J.,
after stating the facts as above: We cannot bring our minds to the conclusion that the defendant is liable for the debts of the Southern Express Company upon the material facts of this case. The cases which hold that a new corporation must- pay the debts of the original one are those where there was a reorganization, consolidation, amalgamation, or union, and the new company is subjected to liability for the debts and torts of the old company upon the ground of an implied assumpsit, or of fraud, or under the trust fund doctrine, or because, by reason of the facts and circumstances,…
2Cases cited8 opinions
- Metropolitan Nat. Bank v. ClaggettSupreme Court of the United States · 1891
- Louisville & Nashville Railroad v. HughesSupreme Court of Georgia · 1910
- Wright v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1869
- Atlanta, Birmingham & Atlantic Railroad v. Atlantic Coast Line RailroadSupreme Court of Georgia · 1912
- Seaboard Air-Line Railway v. LeaderSupreme Court of Georgia · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Cyr v. B. Offen & Co.Court of Appeals for the First Circuit · 1974
- Alphonse Cyr, Jr. And Arlene Cyr v. B. Offen & Co., Inc., and Third-Party v. Blanchard Press, Inc., Third-Party Cyrenus Couture, Adm. Estate of Richard Couture v. B. Offen & Co., Inc., and Third-Party v. Blanchard Press, Inc., Third-Party Alphonse Cyr, Jr. And Arlene Cyr v. R. Hoe & Co., Inc., and Third-Party v. Rumford Printing Company, Third-PartyCourt of Appeals for the First Circuit · 1974
- American Railway Express Company v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1920
- Budd Tire Corp. v. Pierce Tire Co.Court of Appeals of North Carolina · 1988
- Gibson v. American Railway Express Co.Supreme Court of Iowa · 1923
11 more not listed; retrieve them via the Exa API.