Henderson v. . Bessent
Supreme Court of North Carolina
Assumpsit, brought to Fall Term, 1867, of Rowan Superior Court of Law, by Foard, and thence removed into the .Superior Court organized under the Constitution, where it was tried before Cannon, J., at Fall Term, 1871, of said Court.
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Assumpsit, brought to Fall Term, 1867, of Rowan Superior Court of Law, by Foard, and thence removed into the .Superior Court organized under the Constitution, where it was tried before Cannon, J., at Fall Term, 1871, of said Court. Since the institution of the suit, Foard has been declared & bankrupt, and the plaintiff, his assignee, declared on the trial, for the breach of a parol contract, substantially as fol-. lows: That on the 3d of February, 1866, the defendants and Foard entered into an agreement in which it was stipulated that the defendants would manufacture for Foard 50,000 pounds…
1Opinion of the CourtPearson, C. J.
The bailment was for the benefit of both parties; so upon the settled distinction, the bailee' is only liable for ordinary neglect, which does not embrace a case of accidental destruction by fire, without default on the part of the bailee. Let it be granted that the defendant was in default in this, the tobacco was not all manufactured at the time agreed on. The delay was not the proximate came of the loss by fire, and according to all of the authorities, is too remote in its bearing as a ground to subject the defendant for the value of the tobacco that was burnt. This position could not be…
2Cited by3 opinions
- Hanes v. ShapiroSupreme Court of North Carolina · 1915
- Hanes v. . ShapiroSupreme Court of North Carolina · 1915
- Hughes v. Knott.Supreme Court of North Carolina · 1905