Legal Opinion

Railroad Co. v. Hardware Co.

Supreme Court of North Carolina

Decided April 19, 1904PublishedCited by 25 opinions

AotioN by the Pittsburg, Johnstown, Ebenburg and Eastern Railroad Company’ against the Wakefield Hardware Company, heard by Judge O. H. Allen, at September Term, 1903, of the Superior Court of Guileord County. Erom a judgment for the plaintiff the defendant appealed.

1Opinion of the CourtWalker, J.

This action was brought to recover damages for wrongfully suing out an attachment and was tried below on a demurrer to the complaint. The plaintiff alleges substantially that the plaintiff, the defendant Hardware Company and the North Carolina Coal and Coke Company are corporations, and that the Coal and Coke Company being indebted to the Hardware Company for goods sold and delivered, the latter brought an action for the recovery of the debt against the railroad company and the Coal and Coke Company, and caused a warrant of attachment to be issued which, in February, 1901, was levied on ten…

2Cases cited13 opinions

  1. Katzenstein v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1881
  2. Lawrence v. HagermanIllinois Supreme Court · 1870
  3. State Ex Rel. Maggett v. RobertsSupreme Court of North Carolina · 1891
  4. Hoye v. RaymondSupreme Court of Kansas · 1881
  5. Pettit v. MercerCourt of Appeals of Kentucky · 1847

8 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1906
  2. Citizens National Bank v. Angelo Bros.Supreme Court of North Carolina · 1927
  3. Piper v. American Fidelity & Casualty Co.Supreme Court of South Carolina · 1930
  4. Teague v. Siler City Oil Co.Supreme Court of North Carolina · 1950
  5. R. R. v. . Hardware Co.Supreme Court of North Carolina · 1905

20 more not listed; retrieve them via the Exa API.

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