Pacific Guano Co. v. Dawkins
Supreme Court of Alabama
Appeal from Circuit Court of Henry. Tried before Hon. J. E. Cobb. -On the 23d day of February, 1874, the Pacific Guana Company brought this action against the appellee, Dawkins, to recover a debt due for certain sacks of guano, which that company sold him. The case was tried at the spring term,. 1876, and resulted in verdict and judgment for the defendant. The case turned, in' the court below, entirely upon the validity of the inspection, analysis, and branding of the guano.
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Appeal from Circuit Court of Henry. Tried before Hon. J. E. Cobb. -On the 23d day of February, 1874, the Pacific Guana Company brought this action against the appellee, Dawkins, to recover a debt due for certain sacks of guano, which that company sold him. The case was tried at the spring term,. 1876, and resulted in verdict and judgment for the defendant. The case turned, in' the court below, entirely upon the validity of the inspection, analysis, and branding of the guano. The evidence showed that the purchase was made from Weedon & Dent, agents of the plaintiff at Eufaula, who had the…
1Opinion of the CourtStone, J.
¥e think the act “to protect the planters of this State from imposition in the sale of fertilizers ” — Pamph. Acts 1870-1, page 68 — reposed in the inspector and sub-inspectors a duty and trust, which required them personally to inspect, and to have the stamp or brand affixed to the packages under their immediate supervision. Less than this could furnish no protection to the planter, and might lead to the grossest abuse. Under this rule, the alleged inspections brought to view in this case, amounted to nothing; and we must deal with the questions as if no inspection had - been attempted.
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2Cases cited2 opinions
- Woods & Co. v. ArmstrongSupreme Court of Alabama · 1875
- Stanley v. NelsonSupreme Court of Alabama · 1856
3Cited by6 opinions
- Willcox v. EdwardsCalifornia Supreme Court · 1912
- Pacific Guano Co. v. MullenSupreme Court of Alabama · 1880
- Western Union Telegraph Co. v. YoungSupreme Court of Alabama · 1902
- Campbell v. SegarsSupreme Court of Alabama · 1886
- National Underwriting Co. v. SimonCourt of Appeals for the Seventh Circuit · 1925
1 more not listed; retrieve them via the Exa API.