McDearman v. . Morris
Supreme Court of North Carolina
Appeal by plaintiff from Calvert, J., at second May Term, 1921, of Nash. Civil action to recover the sum of $636.23, due by contract, and evidenced by three checks given to the plaintiff by the defendant. The amount and correctness of the plaintiff’s claim was not denied; but the defendant set up, by way of further defense, a counterclaim in the sum of $513.73 for tobacco sold to the plaintiff, and which was destroyed by fire while on the warehouse floors of the defendant.
Read the full summary
Appeal by plaintiff from Calvert, J., at second May Term, 1921, of Nash. Civil action to recover the sum of $636.23, due by contract, and evidenced by three checks given to the plaintiff by the defendant. The amount and correctness of the plaintiff’s claim was not denied; but the defendant set up, by way of further defense, a counterclaim in the sum of $513.73 for tobacco sold to the plaintiff, and which was destroyed by fire while on the warehouse floors of the defendant. Plaintiff denied liability upon the ground that although the tobacco had been bid off by him at the sale about two hours…
1Opinion of the Court
Stacy, J.,
after stating tbe facts as above: Tbe only questions presented for our consideration on this appeal are those relating to tbe defendant’s alleged liability for failure to carry insurance for tbe benefit and protection of tbe plaintifE while tbe tobacco, which be bad purchased, was still on tbe warehouse floors of tbe defendant; it being alleged tbat such- was tbe general usage and custom under tbe instant facts and circumstances. Tbe defendant denied tbe existence of any sucb usage or custom, and contended tbat, regardless of tbe general rule throughout tbe tobacco belt, 'no sucb…
2Cases cited4 opinions
- Hazard's Administrator v. New England Marine InsuranceSupreme Court of the United States · 1834
- Hanes v. ShapiroSupreme Court of North Carolina · 1915
- Universal Oil & Fertilizer Co. v. BurneySupreme Court of North Carolina · 1917
- Penland v. Ingle.Supreme Court of North Carolina · 1905
3Cited by6 opinions
- Hanes v. . ShapiroSupreme Court of North Carolina · 1915
- United States v. Citizens and Southern National Bank of Atlanta, GeorgiaCourt of Appeals for the Fourth Circuit · 1966
- Standard Crown Co. v. JonesSupreme Court of North Carolina · 1928
- Lester Brothers, Inc. v. JM THOMPSON COMPANYSupreme Court of North Carolina · 1964
- Norfolk Southern Railroad v. Albemarle Fertilizer Co.Supreme Court of North Carolina · 1924
1 more not listed; retrieve them via the Exa API.