Martin, Dumee & Co. v. Brown, Shipley & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the lion. Wm. E. Clarice. This action was brought by Brown, Shipley & Co., partners doing business in Liverpool, England, against Martin, Dumee & Co., a partnership engaged in the business of buying and selling cotton in Mobile, Alabama; and was founded on a foreign bill of exchange for £6,729, 15s., 9d., which was drawn by the defendants, dated Mobile, October 2,1880, payable sixty days after sight, to their own order,…
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Appeal from the Circuit Court of Mobile. Tried before the lion. Wm. E. Clarice. This action was brought by Brown, Shipley & Co., partners doing business in Liverpool, England, against Martin, Dumee & Co., a partnership engaged in the business of buying and selling cotton in Mobile, Alabama; and was founded on a foreign bill of exchange for £6,729, 15s., 9d., which was drawn by the defendants, dated Mobile, October 2,1880, payable sixty days after sight, to their own order, in London, and addressed to W. D. Coddington & Sons, Blackburn, England, who were therein directed to “ charge the same…
1Opinion of the CourtBrickell, C. J.
-We can not concur in the argument of the counsel for the appellants, that the act of the General Assembly, approved January 25th, 1879, entitled “An act to provide the mode of procedure in cases in -which the claim of recoupment of damages is interposed.” (Pamphlet Acts, 1878-79,p. 154), adds to or enlarges the character of claims or demands which form proper matter of recoupment. Certainly, the act 'does not admit of a construction which will authorize the defendant, in an action ex contractu, to interpose a claim for damages, because of a libel published, or of slander spoken by the…
2Cases cited8 opinions
- Governor v. CampbellSupreme Court of Alabama · 1850
- Hatchett v. GibsonSupreme Court of Alabama · 1848
- McClung's Ex'rs v. SpotswoodSupreme Court of Alabama · 1851
- Bank of Montgomery v. Plannett's Adm'rSupreme Court of Alabama · 1861
- State v. WisdomSupreme Court of Alabama · 1839
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Robinson & Co. v. GreeneSupreme Court of Alabama · 1906
- Roberts v. WilliamsSupreme Court of Alabama · 1916
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Gibson v. Snow Hardware Co.Supreme Court of Alabama · 1891
- Grisham v. BodmanSupreme Court of Alabama · 1895
16 more not listed; retrieve them via the Exa API.