Maddox-Ruker Banking Co. v. Atlantic & North Carolina Railroad
Supreme Court of North Carolina
Civil ACTION, tried at May Term, 3892, of Craven Superior Court, Winston, J., presiding. It appeared that the DeLoach Mill Manufacturing Company of Atlanta, Ga., contracted to sell and deliver to one Campen certain mill machinery, and in pursuance thereof, shipped to the place of his residence, but to their own order, the property, and drew upon him with bill of lading attached, which they endorsed to the plaintiffs, who sent the papers to a bank in Newbern for collection.
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Civil ACTION, tried at May Term, 3892, of Craven Superior Court, Winston, J., presiding. It appeared that the DeLoach Mill Manufacturing Company of Atlanta, Ga., contracted to sell and deliver to one Campen certain mill machinery, and in pursuance thereof, shipped to the place of his residence, but to their own order, the property, and drew upon him with bill of lading attached, which they endorsed to the plaintiffs, who sent the papers to a bank in Newbern for collection. Payment was refused upon presentation, upon the ground that the mill had been seized upon attachment proceedings at the…
1Opinion of the Court
Clark, J.:
The draft assigned by A. A. Deloach, President, with bill of lading attached, was in evidence without objection, as was also the the testimony that “the handwriting purporting to.be the signature of A. A. DeLoach on both draft and bill of lading, was the same handwriting as the signature to his evidence in the deposition taken in this action.” This deposition was also in evidence without objection. It was therefore error to exclude the evidence offered “ that the draft and bill of lading came to the bank in New-bern in the course of business in a letter purporting to be sent by the…
2Cited by1 opinion
- Maddox v. . R. R.Supreme Court of North Carolina · 1894