Beall Bros. v. Johnstone
Supreme Court of Alabama
Appeal from tbe Circuit Court of Crensbaw. Tried before tbe Hon. J. C. Bichardson. This action was brought by tbe appellees, Johnstone & Hammond, against tbe appellants, Beall Brothers, to recover a balance alleged to be due upon an account between the., plaintiffs, as cotton factors, and tbe defendants. Tbe complaint contained several special counts together with tbe common counts.
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Appeal from tbe Circuit Court of Crensbaw. Tried before tbe Hon. J. C. Bichardson. This action was brought by tbe appellees, Johnstone & Hammond, against tbe appellants, Beall Brothers, to recover a balance alleged to be due upon an account between the., plaintiffs, as cotton factors, and tbe defendants. Tbe complaint contained several special counts together with tbe common counts. Tbe third count of tbe complaint claimed the entire sum which bad been advanced by tbe plaintiffs to tbe defendants on certain cotton shipped to plaintiffs by defendants. Tbe defendants pleaded three pleas, which…
1Opinion of the CourtSharpe, J.
On December 3, 1900, plaintiffs, as commission merchants, had stored in Montgomery 366 bales of cotton consigned to them by defendants, and had also bills of lading for 124 other bales of cotton defendants shipped to them from Luverne, Alabama, but which had not reached Montgomery. On that day plaintiffs by telegram and letter reported to defendants that they *341bad sold tbe 490 bales of which they so had control at 9-1 cents per pound. There is evidence tending to show that on December 6, 1900, one of plaintiffs’ firm reported in person to one of the defendants’ firm that the whole amount of…
2Cases cited2 opinions
- United States Life Insurance v. LesserSupreme Court of Alabama · 1899
- Alabama Gold Life Insurance v. Mobile Mutual InsuranceSupreme Court of Alabama · 1886
3Cited by8 opinions
- Harris v. StateAlabama Court of Appeals · 1913
- Borden & Co. v. Vinegar Bend Lumber Co.Alabama Court of Appeals · 1913
- Starr Jobbing House v. May Hosiery MillsSupreme Court of Alabama · 1922
- Mobile Light R. Co. v. ThomasAlabama Court of Appeals · 1918
- American Surety Co. v. HookerAlabama Court of Appeals · 1951
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