Hatchett v. Gibson
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Assumpsit, by the plaintiffsjn error. Before the Hon. G. W. Stone. The action was brought to recover for advances of money and merchandize, on cotton in store. ■ The defence was, that the cotton was destroyed under such circumstances as authorized the defendant to recoup the damages.
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Error to the Circuit Court of Talladega. Assumpsit, by the plaintiffsjn error. Before the Hon. G. W. Stone. The action was brought to recover for advances of money and merchandize, on cotton in store. ■ The defence was, that the cotton was destroyed under such circumstances as authorized the defendant to recoup the damages. The evidence tended to prove, that the plaintiffs agreed to store the defendant’s cotton, upon which the advance was made, in a fire proof warehouse, and that 106 bales of the cotton were destroyed by fire, whilst in the warehouse. The defendant read the deposition of one…
1Opinion of the CourtCollier, C. J.
In addition to what is stated in most of the receipts which were given upon the delivery of the cot*594ton at the warehouse, in respect to the plaintiffs’ lien for advances, the bill of exceptions affirms that proof was adduced by the defendant, tending to show that the account upon which he is sued, was for advances on the faith of his cotton in the plaintiffs’ possession. The first question which arises upon this branch of the case is, whether the defendant can resist a recovery by proving that the plaintiffs did not take care of his cotton according to their contract, and that it was…
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