Legal Opinion

Alabama State Bank v. Barnes

Supreme Court of Alabama

Decided December 15, 1886PublishedCited by 27 opinions

Appeal from the Circuit Court of Greene. Tried before the Hon. S. H. Sprott. This action was brought by the Alabama State Bank, a corporation doing business at Birmingham, against B. ,B. Barnes and others, who were engaged in business as partners under the name of the Bank of Eutaw, to recover one hundred bales of cotton; and was commenced on the 13th August, 1884. The cotton had belonged to Cleage Brothers, a partnership engaged in business -at Eutaw and other places, under…

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Appeal from the Circuit Court of Greene. Tried before the Hon. S. H. Sprott. This action was brought by the Alabama State Bank, a corporation doing business at Birmingham, against B. ,B. Barnes and others, who were engaged in business as partners under the name of the Bank of Eutaw, to recover one hundred bales of cotton; and was commenced on the 13th August, 1884. The cotton had belonged to Cleage Brothers, a partnership engaged in business -at Eutaw and other places, under whom each of the parties claimed title; and it had been stored by them in their warehouse at Eutaw. The. plaintiff…

1Opinion of the CourtClopton, J.

-Whether the appellant, who brought the suit, has title or property in the cotton in controversy, sufficient to maintain an action of detinue, depends on the legal effect of the following facts : Cleage Brothers were lessees of a warehouse at Eutaw, known as the McGee warehouse, in which they stored cotton bought by themselves, and also the cotton of other persons. As collateral security for money borrowed from the National Bank of Birmingham, in February, 1884, they deposited with.the bank, without indorsement, a receipt for one hundred bales of cotton, designated therein by numbers. The…

2Cases cited14 opinions

  1. Burns v. CampbellSupreme Court of Alabama · 1882
  2. Parshall v. . EggertNew York Court of Appeals · 1873
  3. Street v. SinclairSupreme Court of Alabama · 1881
  4. Jackson, Morris & Co. v. RutherfordSupreme Court of Alabama · 1882
  5. Allen, Bethune & Co. v. Maury & Co.Supreme Court of Alabama · 1880

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

3Cited by27 opinions

  1. Wood v. Holly Manufacturing Co.Supreme Court of Alabama · 1893
  2. Bush v. Export Storage Co.U.S. Circuit Court for the District of Eastern Tennessee · 1904
  3. Hicks v. MeadowsSupreme Court of Alabama · 1915
  4. Pinckard v. CasselsSupreme Court of Alabama · 1915
  5. Windham & Co. v. Stephenson & AlexanderSupreme Court of Alabama · 1908

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

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