Harris Cortner & Co. v. Oneonta Trust & B. Co.
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Heard before Hon. I). W. Spbake. Action by the Oneonta Trust & Banking Company against Harris, Cortner & Company, on an account. Judgment for plaintiff and defendant appeals.
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Appeal from Morgan Circuit Court. Heard before Hon. I). W. Spbake. Action by the Oneonta Trust & Banking Company against Harris, Cortner & Company, on an account. Judgment for plaintiff and defendant appeals. Under tbe hypothesis in the charge, the jury would have no right to disregard Winn’s entire evidence, as therein instructed. — Prater v. State, 107 Ala. 32; Little v. State, 39 South. 674. No man can be made another’s debtor against his will. — Seals v. Edmondson, 73 Ala. 298; Beard v. Houghton, 86 Ala. 204; 2 Enc. P. & P. 1912. Plaintiff, therefore, could not recover under the common…
1Opinion of the Court
McCLELLAN, J. —
Harris, Cortner & Co. was a firm the business of which was dealing in cotton. Offices were maintained at Decatur and Anniston, in this state. Oneonta was a cotton-buying point within the territory assigned to the Anniston office. W. S. Hanserd was engaged by the company to buy cotton at Oneonta, and under that engagement did buy at that point as well as at others in that section. The contract with Hanserd is thus summarized in the record: “Dated Anniston, Oct. 1, 1910, — -was signed by Harris, Cortner & Company, (and) by W. S. Hanserd, and in which it was stipulated that…
2Cases cited1 opinion
- Dees v. Self Bros.Supreme Court of Alabama · 1910
3Cited by2 opinions
- Twin Tree Lumber Co. v. EnsignSupreme Court of Alabama · 1915
- Hickok Oil Corp. v. EvattUnited States Board of Tax Appeals · 1942