Southern Railway Co. v. W. A. Simpkins Co.
Supreme Court of North Carolina
Appeal by plaintiff from Allen, J., at May Term, 3919, of Wake. This is a suit brought by the plaintiff to recover the freight charges on seven cars of cotton seed shipped from Raleigh, N. C., in interstate commerce, in the name of W. A. Simpkins Company, three cars being-shipped 18 October, 1912, to W. A. Simpkins Company, order notify J. P. Savant, New Orleans, La., and three cars being shipped 31 October, to the same order, notify, and the same consigned, and one ear…
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Appeal by plaintiff from Allen, J., at May Term, 3919, of Wake. This is a suit brought by the plaintiff to recover the freight charges on seven cars of cotton seed shipped from Raleigh, N. C., in interstate commerce, in the name of W. A. Simpkins Company, three cars being-shipped 18 October, 1912, to W. A. Simpkins Company, order notify J. P. Savant, New Orleans, La., and three cars being shipped 31 October, to the same order, notify, and the same consigned, and one ear being shipped 24 October by W. A. Simpkins Company to itself, order notify Frierson Company, Limited, Frierson, La. The…
1Opinion of the CourtAlleN, J.
The plaintiff’s counsel admit that there is no evidence of a partnership between the Simpkins Company and either of the defendants, and this cause of action is abandoned.
They, however, insist that the defendants are liable for the freight upon two grounds:
1. That the Simpkins Company was the agent of Drake, cashier, in making the contract of shipment, and that Drake is liable on the contract as an undisclosed principal.
*2762. That tbe defendant bank, baying taken an assignment of drafts witb bills of lading attaobed, and baying collected tbe money thereon, is liable for tbe freight as tbe owner of…
2Cases cited5 opinions
- Boddie v. BondSupreme Court of North Carolina · 1911
- Finch v. . GreggSupreme Court of North Carolina · 1900
- Etheridge, Fulghum & Co. v. L. Hilliard & Co.Supreme Court of North Carolina · 1888
- Redman v. . GrahamSupreme Court of North Carolina · 1879
- Bynum v. . MillerSupreme Court of North Carolina · 1883
3Cited by5 opinions
- Whitehurst v. GarrettSupreme Court of North Carolina · 1928
- Griffin Grocery Co. v. Pennsylvania RailroadCourt of Appeals of Georgia · 1956
- Whitehurst v. . GarrettSupreme Court of North Carolina · 1928
- Airborne Freight Corp. v. Irving Trust Co.Appellate Division of the Supreme Court of the State of New York · 1966
- Senor v. Bangor Mills, Inc.Court of Appeals for the Third Circuit · 1954