Legal Opinion

Watts v. Norfolk Southern Railroad

Supreme Court of North Carolina

Decided February 22, 1922PublishedCited by 4 opinions

Appeal by plaintiffs from Ferguson, J., at November Special Term, 1921, Of WASHINGTON. In July, 1920, tbe plaintiffs bought certain articles from the Farm Equipment Company of Raleigh, which delivered them to the defendant company at Raleigh for transportation to Plymouth, and issued its bill of lading to vendor.

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Appeal by plaintiffs from Ferguson, J., at November Special Term, 1921, Of WASHINGTON. In July, 1920, tbe plaintiffs bought certain articles from the Farm Equipment Company of Raleigh, which delivered them to the defendant company at Raleigh for transportation to Plymouth, and issued its bill of lading to vendor. The shipment was made “Order, notify,” and the Farm Equipment Company attached a sight draft to the bill of lading and forwarded the same through the banks in the usual course of business. Plaintiffs were notified by defendant of the arrival of the shipment, and one of plaintiffs…

1Opinion of the CourtClark, C. J.

Tbe contract of shipment in this ease was made for tbe benefit of tbe plaintiffs, and they were entitled to maintain an action upon tbe same. Nicholson v. Dover, 145 N. C., 18; Woodard v. Stieff, 171 N. C., 83, and numerous other cases, and it is elementary that tbe passing of title in sales depends upon tbe intention of tbe parties. Teague v. Grocery Co., 175 N. C., 195; 35 Cyc., 277.

Tbe trial judge seems to have followed tbe decision in Mfg. Co. v. R. R., 149 N. C., 261, in granting tbe motion to nonsuit, which held that there was “no contractual relation between tbe carrier and tbe payee…

2Cases cited4 opinions

  1. Asheboro Wheelbarrow & Manufacturing Co. v. Southern Railway Co.Supreme Court of North Carolina · 1908
  2. Nicholson v. . DoverSupreme Court of North Carolina · 1907
  3. Teague v. Howard Grocery Co.Supreme Court of North Carolina · 1918
  4. Taylor v. . JohnsonSupreme Court of North Carolina · 1916

3Cited by4 opinions

  1. Davis v. . GulleySupreme Court of North Carolina · 1924
  2. Norfolk Southern Railroad v. Armfield Co.Supreme Court of North Carolina · 1925
  3. Temple v. Southern Railway Co.Supreme Court of North Carolina · 1925
  4. Early & Daniels Co. v. Aulander Flour MillsSupreme Court of North Carolina · 1924

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