Merriman & Co. v. Knox
Supreme Court of Alabama
Appear from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This action was brought by the appellants, Merriman & Co., against the appellee, C. J. Iinox; and counted upon a promissory note, made by the defendant to the plaintiffs. The defendant pleaded two special pleas to the complaint.
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Appear from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This action was brought by the appellants, Merriman & Co., against the appellee, C. J. Iinox; and counted upon a promissory note, made by the defendant to the plaintiffs. The defendant pleaded two special pleas to the complaint. In the first, it was averred that the only consideration for the promissory note, the foundation of the suit, was a quantity of fertilizer sold by the plaintiffs to the defendant; that the contract of sale was made in Troy, Alabama, by the defendant with one of the plaintiffs, the note…
1Opinion of the CourtWalker, J.
A sale in this State of commercial fertilizer is void, if the person making the sale has not been licensed as required by the statute, or if the fertilizer is not tagged as required by the statute. — Code, §§ 139 to 141. The former decisions of this court have settled the propositions, that the statute in question is a legitimate police regulation, and that it is a good defense to a note given for the agreed price of a quantity of commercial fertilizer bought by the defendant, that the sale was made in Alabama by a person not licensed as the statute requires, or that tags were not affixed to…
2Cases cited3 opinions
- Steiner & Sons v. RaySupreme Court of Alabama · 1887
- Johnson v. Hanover National BankSupreme Court of Alabama · 1889
- Campbell v. SegarsSupreme Court of Alabama · 1886
3Cited by3 opinions
- Bowdoin v. Alabama Chemical Co.Supreme Court of Alabama · 1918
- Brown & Co. v. Adair & McCarty Bros.Supreme Court of Alabama · 1894
- Furman Farm Improvement Co. v. LongSupreme Court of Alabama · 1896