Wayland's Adm'r v. Mosely
Supreme Court of Alabama
Whit of error to the Circuit Court of Madison. The plaintiff in error declared against the defendant, in assump-sit, upon a parol contract; by which, the former agreed to carry from Whitesburg, in Madison county, to the city of New-Orleans, ninety-seven bales of cotton, weighing thirty-nine thousand one hundred and thirty-three pounds ; and the latter, in consideration thereof, undertook to pay him seventy-five cents per hundred pounds, for all the cotton that was thus…
Read the full summary
Whit of error to the Circuit Court of Madison. The plaintiff in error declared against the defendant, in assump-sit, upon a parol contract; by which, the former agreed to carry from Whitesburg, in Madison county, to the city of New-Orleans, ninety-seven bales of cotton, weighing thirty-nine thousand one hundred and thirty-three pounds ; and the latter, in consideration thereof, undertook to pay him seventy-five cents per hundred pounds, for all the cotton that was thus carried and delivered. The declaration avers the delivery of the cotton according to contract, and the non-payment of the…
1Opinion of the CourtCollier, C. J.
In Jones, et al. v. Sims & Scott, [6 Pox'* ter’s Rep. 138,] it was held, that if a contract.be made by bill of lading in the ordinary fonn, by which one man acknowledges to have received of another, some article of merchandize to be deli-vei-ed to a third, who is to pay the freight, the title, by the shipment, eo instanti, passes to the consignee. Some of the cases maintain, that the bill is conclusive of the right of property; but ■in the case cited, this Court considei-ed it only prima facie evi-dence that the consignee was the owner, and might be rebutted by showing the reverse to be true.…
2Cases cited2 opinions
- Barrett v. RogersMassachusetts Supreme Judicial Court · 1811
- Bigelow v. BarrOhio Supreme Court · 1829
3Cited by11 opinions
- Louisville & Nashville Railroad v. Central Iron & Coal Co.Supreme Court of the United States · 1924
- Smith & Co. v. RiceSupreme Court of Alabama · 1876
- Alabama Great Southern Railway Co. v. NorrisSupreme Court of Alabama · 1910
- The PelotasCourt of Appeals for the Fifth Circuit · 1933
- Brent v. SimpsonCourt of Appeals for the Fifth Circuit · 1916
6 more not listed; retrieve them via the Exa API.