Georgia Fruit Exchange v. Turnipseed
Alabama Court of Appeals
Appeal from Bullock Circuit Court. Heard, before Hon. M. Sollie'. Action by the Georgia Fruit Exchange against D. C. Turnipseed for breach of contract. Judgment for defendant, and plaintiff appeals.
Read the full summary
Appeal from Bullock Circuit Court. Heard, before Hon. M. Sollie'. Action by the Georgia Fruit Exchange against D. C. Turnipseed for breach of contract. Judgment for defendant, and plaintiff appeals. Count 5 is as follows: “The plaintiff, a foreign corporation, organized under the laws of the state of Georgia, and having its principal place of business in Atlanta in said state, the business of said corporation being that'of a fruit and vegetable exchange for handling, distributing, and marketing in America and foreign markets of peaches and other fruits, melons, and vegetables of all…
1Opinion of the Court
THOMAS, J. —
The reporter will set out count No. 5 of the complaint, Avhich contains a copy of the contract sued on and a statement in full of plaintiff’s case. Demurrers were interposed to the count, assigning numerous grounds, but were sustained by the trial court upon only tAvo of such grounds, which, in substance, may be stated as follows: First. That the count shows on its face that plaintiff is a nonresident corporation and Avas engaged in business in this state as to the *128matters upon which, it predicated its right of recovery in the case; but the count fails to show or allege that,…
2Cases cited10 opinions
- People v. . HawkinsNew York Court of Appeals · 1898
- Mercantile Trust Co. v. Kanawha & O. Ry. Co.Court of Appeals for the Sixth Circuit · 1893
- Birmingham & Pratt Mines Street Railway Co. v. Birmingham Street Railway Co.Supreme Court of Alabama · 1885
- United States v. Trans-Missouri Freight Ass'nCourt of Appeals for the Eighth Circuit · 1893
- Ford v. Chicago Milk Shippers' Ass'nIllinois Supreme Court · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- In Re Brand Name Prescription Drugs Antitrust Litigation. Appeals of Robert A. HugginsCourt of Appeals for the Seventh Circuit · 1997
- Brown v. Staple Cotton Co-operative Ass'nMississippi Supreme Court · 1923
- Minnesota Wheat Growers Co-Operative Marketing Ass'n v. HugginsSupreme Court of Minnesota · 1925
- Archer Daniels Midland Co. v. Seven Up Bottling Co.Supreme Court of Alabama · 1999
- Abbott Laboratories v. DurrettSupreme Court of Alabama · 1999
14 more not listed; retrieve them via the Exa API.