Barnett v. Warren & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before tbe Hon. John P. Hubbard. This action was brought by Thomas M. Barnett, against J. R. Warren & Co., a mercantile firm doing business in the city of Montgomery; and was commenced on the 2d' November, 1886. The complaint contained only the common counts, and the only plea was the general issue.
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Appeal from the Circuit Court of Montgomery. Tried before tbe Hon. John P. Hubbard. This action was brought by Thomas M. Barnett, against J. R. Warren & Co., a mercantile firm doing business in the city of Montgomery; and was commenced on the 2d' November, 1886. The complaint contained only the common counts, and the only plea was the general issue. The court charged the jury, on request in writing, “ that they must find for the defendants, if they believed the evidence ;” and this charge, to which the plaintiff excepted, is now assigned as error. The material facts are stated in the opinion…
1Opinion of the Court
STONE, O. J.
There is no controversy about the facts in this case.
Belser & Parker, by contract, became tenants for the year 1886 to Barnett, appellant, of' a plantation in Bullock county, at an agreed rent of t-welve hundred dollars, to be paid in November, 1886. Belser & Parker did not personally cultivate the lands, but sub-let them to under-tenants, taking their obligations to pay the rent in cotton, aggregating thirty-five bales to be paid. These obligations to deliver, or pay in cotton, Belser & Parker deposited with J. B. Warren & Co., as collateral security for a debt contracted, or to…
2Cases cited8 opinions
- William & James Brown & Co. v. McGranSupreme Court of the United States · 1840
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- Hussey v. PeeblesSupreme Court of Alabama · 1875
- Stewart v. ConnerSupreme Court of Alabama · 1846
- Thompson v. MerrimanSupreme Court of Alabama · 1849
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3Cited by26 opinions
- Farmers' Bank & Trust Co. v. Shut & KeihnSupreme Court of Alabama · 1916
- Williamson v. JohnsonSupreme Court of Vermont · 1890
- Ex Parte MortonSupreme Court of Alabama · 1954
- Schaeffer v. MillerMontana Supreme Court · 1910
- Ehrman v. OatsSupreme Court of Alabama · 1893
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