Georgia Cotton Co. v. Lee
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Assumpsit by R. M. Lee against the Georgia Cotton Company. Judgment for plaintiff and defendant appeals. Transferred from Court of Appeals. The assignments of error relative to evidence sufficiently appear. After the trial was entered upon plaintiff offered an amendment to the complaint, which defendant, moved be stricken from the file, which motion was overruled.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Assumpsit by R. M. Lee against the Georgia Cotton Company. Judgment for plaintiff and defendant appeals. Transferred from Court of Appeals. The assignments of error relative to evidence sufficiently appear. After the trial was entered upon plaintiff offered an amendment to the complaint, which defendant, moved be stricken from the file, which motion was overruled. The following charge was refused the defendant. (IB) The court charges the jury that, before plaintiff can recover on the third count of the complaint, plaintiff…
1Opinion of the CourtThomas, J.
The plaintiff sought recovery on a sale of 430 bales of cotton for its underweight and its billing at a lower grade than its true grade. These issues were presented by appropriate counts, to which the general issue was pleaded by the defendant.(1) Assignments of error numbered 1 to 6, inclusive, challenge the right of witness Foy, who acted for plaintiff in making the sale, to give the conversations leading up to the sale and its consummation by delivery. Foy had testified that he had personal knowledge of the transaction, and was acting for plaintiff; that he held the cotton receipts, and…
2Cases cited26 opinions
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- Braham v. StateSupreme Court of Alabama · 1904
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
- Johnson v. StateSupreme Court of Alabama · 1891
- Republic Iron & Steel Co. v. QuintonSupreme Court of Alabama · 1915
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3Cited by97 opinions
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- Julian v. WoolbertSupreme Court of Alabama · 1919
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