Louisville N. R. Co. v. Camody
Alabama Court of Appeals
Appeal from Circuit Court, Morgan County; Robert C. Briekell, Judge. Action by M. C. Camody against the Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtBrown, P. J.
[1] The plaintiff’s theory of the ease is that defendant extorted the payment of the amount claimed as demur-rage, as a condition precedent to the delivery of the two carloads of lumber to plaintiff’s consignee, George C. Brown & Co., that the consignee paid the demurrage under protest, deducted the amount so paid from the price due plaintiff, and in consideration thereof assigned the claim to plaintiff. Therefore, if the plaintiff was entitled to recover at all, he was entitled to recover under the first count of the complaint as for money had and received. Gulf City Construction Co. v. L. &…
2Cases cited19 opinions
- Nelson J. Elliott v. Samuel SwartwoutSupreme Court of the United States · 1836
- National Bank of Commerce v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1890
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Strauss v. MeertiefSupreme Court of Alabama · 1879
- Town Council of Cahaba v. BurnettSupreme Court of Alabama · 1859
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3Cited by3 opinions
- Davis v. Lime Cola Bottling WorksAlabama Court of Appeals · 1922
- People's Bank v. McAleerSupreme Court of Alabama · 1920
- Louisville N. R. Co. v. CamodyAlabama Court of Appeals · 1920