Bank of Guntersville v. Jones Cotton Co.
Supreme Court of Alabama
Appeal from Morgan Circuit. Court. Heard before Hon. D. W. Speake. Suit by the Bank of Huntersville against the Jones Cotton Company. Judgment for defendant, and plaintiff appeals. This cause is tided upon the following agreed statement of facts: “That M. T. Swift, on April 4, 1906, agreed to purchase one bale.of cotton from A. B. Gibson, in Marshall county, Ala., to be shipped by Gibson to the Jones Cotton Company at Decatur, Ala.
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Appeal from Morgan Circuit. Court. Heard before Hon. D. W. Speake. Suit by the Bank of Huntersville against the Jones Cotton Company. Judgment for defendant, and plaintiff appeals. This cause is tided upon the following agreed statement of facts: “That M. T. Swift, on April 4, 1906, agreed to purchase one bale.of cotton from A. B. Gibson, in Marshall county, Ala., to be shipped by Gibson to the Jones Cotton Company at Decatur, Ala. That on said date a bill of. lading was issued to A. B. Gibson by the Tennessee River Navigation Committee, agreeing to transport said bale of cotton to Decatur,…
1Opinion of the CourtDowdell, J.
There can be no doubt that the instrument sued on is governed by the commercial law.— Anderson & Co. v. Jones, 102 Ala. 537, 14 South. 871, and authorities cited in that case. The facts in. this case are essentially different from the facts in the case of Haas & Co. v. Citizens’ Bank of Dyersburg, 144 Ala. 562, 39 South. 129, 1 L. R. A. (N. S.) 242, 113 Am. St, Rep, 61, relied on by appellee. There was no retention of title to the property by the vendor in the case before us. The bank discounting the draft sued on was in no sense the.vendor of the bale of cotton forming the consideration of…
2Cases cited2 opinions
- Haas & Co. v. Citizens BankSupreme Court of Alabama · 1905
- Anderson & Co. v. JonesSupreme Court of Alabama · 1893
3Cited by2 opinions
- State v. Natco CorporationSupreme Court of Alabama · 1956
- Life Casualty Ins. Co. of Tennessee v. KingAlabama Court of Appeals · 1953