Commercial Bank v. Hurt
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. John Moobe. The appellee, H. H. Hurt, brought an action of detinue against Phillips <& Parrish, warehousemen, for the recovery of eight bales of cotton. Upon the sheriff taking possession of the said cotton, as required by the writ of detinue, the Commercial Bank of Selma interposed a claim thereto.
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Appeal from the Circuit Court of Dallas. Tried before the Hon. John Moobe. The appellee, H. H. Hurt, brought an action of detinue against Phillips <& Parrish, warehousemen, for the recovery of eight bales of cotton. Upon the sheriff taking possession of the said cotton, as required by the writ of detinue, the Commercial Bank of Selma interposed a claim thereto. Upon this claim the statutory trial of the right of property was instituted, and the following facts disclosed : In 1890, the plaintiff in this suit, H. H. Hurt, had shipped to H. C. Keeble Co., commission merchant and factor at Selma,…
1Opinion of the CourtWalkee, J.
The claim of the appellant, the Commercial Bank of Selma, to the cotton involved in this suit rests upon a transfer and delivery by the H. 0. Keeble Company *134of warehouse receipts therefor, as collateral security for a note made by that company to the bank. The H. C. Keeble Company was a corporation engaged in business as a cotton-factor and grocery-merchant in the city of Selma. The appellee, who was the owner of the cotton, had had it shipped to that company, with instructions not to sell it until ordered to do so. The consignee had the cotton stored in the warehouse of Phillips & Parrish,…
2Cases cited13 opinions
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
- National Bank of Commerce v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1890
- Allen v. St. Louis BankSupreme Court of the United States · 1887
- Soltau v. . GerdauNew York Court of Appeals · 1890
- Howland v. . WoodruffNew York Court of Appeals · 1875
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- American Pig Iron Storage Warrant Co. v. GermanSupreme Court of Alabama · 1899
- Cosmos Cotton Co. v. 1st National BankSupreme Court of Alabama · 1911
- Haas & Co. v. Citizens BankSupreme Court of Alabama · 1905
- People's Bank & Trust Co. v. WalthallSupreme Court of Alabama · 1917
- Merchants National Bank v. BalesSupreme Court of Alabama · 1906
9 more not listed; retrieve them via the Exa API.