Comer v. Daniel
Supreme Court of Alabama
Appeal from Í>pflí>ak: Circuit Court. Tried before Hon. H. D. Olayon. This was an action on the case brought by the appellee against J. E. Comer and another, the appellants, for the purpose of re- ■ covering damages for the alleged conversion by the appellants •of two bales of cotton, a part of a crop raised by one Finney, ■on which the appellee, averred he had a lien under the statute ■for advances made by him to Finney to enable him to raise the ■crop, of which lien the…
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Appeal from Í>pflí>ak: Circuit Court. Tried before Hon. H. D. Olayon. This was an action on the case brought by the appellee against J. E. Comer and another, the appellants, for the purpose of re- ■ covering damages for the alleged conversion by the appellants •of two bales of cotton, a part of a crop raised by one Finney, ■on which the appellee, averred he had a lien under the statute ■for advances made by him to Finney to enable him to raise the ■crop, of which lien the appellants had notice. The lien was •claimed, as shown by the bill of exceptions, under a crop-lien note for advances for…
1Opinion of the CourtSomerville, J.
The judgment in this case is reversed on. the authority óf Pearson v. Evans, 61 Ala. 416, and the cause is remanded. The written note or obligation, on which this suit is founded, did not conform strictly to the requirements •of section 3286. The consideration was not exclusively for advances obtained for the purpose of enabling the promisor to make a crop. A material portion of the consideration was an account due from the maker of the note to a third party, which the payee had in his hands for collection, and, under the above authority, this, being intentionally and knowingly included in…
2Cases cited1 opinion
- Evans v. EnglishSupreme Court of Alabama · 1878
3Cited by3 opinions
- Giddens v. BollingSupreme Court of Alabama · 1890
- Bell & Co. v. HurstSupreme Court of Alabama · 1883
- Marcus v. RobinsonSupreme Court of Alabama · 1884