Legal Opinion

Hood v. Com. Germania T. & S. Bank of New Orleans

Alabama Court of Appeals

Decided November 26, 1914PublishedCited by 9 opinions

Assumpsit. Appeal from Montgomery City Court. Heard before Hon. Gaston Gtjntee. Action by the Commercial Germania Trust & Savings Bank of New Orleans against Horace Hood, as sheriff, and others. Judgment for plaintiff and defendants appeal. Only a special property in the goods passed to the plaintiff in this case, subject to be divested by the acceptance and payment of the draft. — American Nat.

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Assumpsit. Appeal from Montgomery City Court. Heard before Hon. Gaston Gtjntee. Action by the Commercial Germania Trust & Savings Bank of New Orleans against Horace Hood, as sheriff, and others. Judgment for plaintiff and defendants appeal. Only a special property in the goods passed to the plaintiff in this case, subject to be divested by the acceptance and payment of the draft. — American Nat. Bh. v. Henderson, 123 Ala. 612; 4 A. & E. Enc. of Law, 548; 'Cosmos Coitton Co. v. First Noth. Bh., 171 Ala. 392; 119 U. S. 551. ■ Any damage or injury that was sustained was sustained by the…

1Opinion of the CourtThomas, J.

The Stafolife Feed & Milling Company, who are located and engaged in business at New Orleans, La., shipped to Belser Grocery Company at Montgomery, Ala., a car load of feed, drawing a draft *514on the latter for the purchase price thereof, payable on arrival of the goods. Accompanying the draft was a railroad bill of lading, consigning the shipment “to the order of Stafolife Feed & Milling Company; destination, Montgomery, Ala.; notify Belser Grocery Company.” The draft was drawn in favor of, and the bill of lading was indorsed to, the appellee (the Commercial Germania Trust & Savings Bank), a…

2Cases cited13 opinions

  1. Lienkauf & Strauss v. MorrisSupreme Court of Alabama · 1880
  2. Long v. Kansas City, Memphis & Birmingham RailroadSupreme Court of Alabama · 1910
  3. Exchange National Bank v. ClementSupreme Court of Alabama · 1895
  4. Pullman Palace Car Co. v. HarrisonSupreme Court of Alabama · 1898
  5. Keith & Son v. HamSupreme Court of Alabama · 1890

8 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. McCay v. ParksSupreme Court of Alabama · 1918
  2. Nashville, C. & St. L. Ry. v. Abramson-Boone Produce Co.Supreme Court of Alabama · 1917
  3. Hubbell, Slack & Co. v. Farmers' Union Cotton Co.Court of Appeals of Texas · 1917
  4. Quigley v. WileySupreme Court of Vermont · 1935
  5. Owensboro Banking Co. v. BuckAlabama Court of Appeals · 1918

4 more not listed; retrieve them via the Exa API.

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