Norfolk Southern Railroad v. Barnes
Supreme Court of North Carolina
Contract — Sale—Vendor and Vendee — Common Carrier — Innocent Parchasen — Bailment.. Civil action, tried before Boykin, J., at Bpring Term, 1889, of HERTFORD Superior ('ourt. The National Buggy Company shipped over plaintiff’s line four buggies, including the one in controversy, to Har-rellsville, N. C., to be delivered to one W. J. Lassiter, upon his surrendering the bill of lading therefor.
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Contract — Sale—Vendor and Vendee — Common Carrier — Innocent Parchasen — Bailment.. Civil action, tried before Boykin, J., at Bpring Term, 1889, of HERTFORD Superior ('ourt. The National Buggy Company shipped over plaintiff’s line four buggies, including the one in controversy, to Har-rellsville, N. C., to be delivered to one W. J. Lassiter, upon his surrendering the bill of lading therefor. The plaintiff deposited the said buggies in its warehouse at Harrellsville, which was in charge and under the control of J. T. & B. F. Williams, their general freight agents at that point. Lassiter…
1Opinion of the CourtShepherd, J.
(after stating the case). A sells goods to B and ships them by a common carrier to be delivered to B upon the payment of the purchase money. By the negligence of the carrier, B obtains possession of the goods without paying the money, and sells them to C, a bona fide purchaser, for value, and without notice. Can A, or his bailee,, the carrier, recover the goods from C?
This construction of the case upon appeal was conceded by the appellee, and is the most favorable to the plaintiff that can be made; for we think it very clear that if the plaintiff was holding the goods only for the payment of…
2Cases cited3 opinions
- Wilmingiton & Weldon Railroad v. KitchinSupreme Court of North Carolina · 1884
- State Ex Rel . Barnes v. . LewisSupreme Court of North Carolina · 1875
- Vass v. . RiddickSupreme Court of North Carolina · 1883
3Cited by26 opinions
- Furst v. . MerrittSupreme Court of North Carolina · 1925
- Wilson v. Commercial Finance Co.Supreme Court of North Carolina · 1954
- Virginia-Carolina Joint Stock Land Bank v. LilesSupreme Court of North Carolina · 1929
- Furst & Thomas v. MerrittSupreme Court of North Carolina · 1925
- Asheboro Wheelbarrow & Manufacturing Co. v. Southern Railway Co.Supreme Court of North Carolina · 1908
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