Pipkin v. . Wynns
Supreme Court of North Carolina
From Hertford. This was an action of assumpsit fop money had and received by the Defendants, to the use of the Plaintiffs, commenced in obedience to an order of the Court of Equity for the county of Hertford, for- ihe purpose of trying the title of the Plaintiffs, as tenants in common with the Defendants, to a ferry upon Chowan River.— By the order of the Court of Equity, the Defendants were to admit the receipt of money for the use of the Plaintiffs, to enable them to…
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From Hertford. This was an action of assumpsit fop money had and received by the Defendants, to the use of the Plaintiffs, commenced in obedience to an order of the Court of Equity for the county of Hertford, for- ihe purpose of trying the title of the Plaintiffs, as tenants in common with the Defendants, to a ferry upon Chowan River.— By the order of the Court of Equity, the Defendants were to admit the receipt of money for the use of the Plaintiffs, to enable them to sustain the action, and were to take no formal objection to their recovery. Upon the trial before his Honor Judge Danieu, the…
1Opinion of the CourtHenderson, Chief Justice
-The case of Rayner v. Dowdy, or the reasoning upon which it is founded, stands directly in the way of a correct decision in this case. That case was argued on one side only, and was not well considered.
The sole and'exclusive right of transporting persons over water courses for tolls (by which is meant price, independent of contract) resides in no individual j it belongs to the sovereign- But the right of transporting persons over water courses may belong to an individual, and he may by contract express or implied, receive hire for so doing* it is the exclusive right which makes the…
2Cited by1 opinion
- Hale v. RecordSupreme Court of Oklahoma · 1915