Desha, Smith & Co. v. Holland
Supreme Court of Alabama
Writ of Error to the Circuit Court of Mobile. This was a suit instituted before a justice of the peace by the defendant in error, and removed by appeal to the circuit court, where the cause was tried by a jury, who returned a verdict against the defendants below, and a judgment being thereon rendered, they have prosecuted a writ of error to this court. On the trial, the defendants excepted to the ruling of the presiding judge.
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Writ of Error to the Circuit Court of Mobile. This was a suit instituted before a justice of the peace by the defendant in error, and removed by appeal to the circuit court, where the cause was tried by a jury, who returned a verdict against the defendants below, and a judgment being thereon rendered, they have prosecuted a writ of error to this court. On the trial, the defendants excepted to the ruling of the presiding judge. The plaintiff was introduced as a witness, and testified that in the month of February, 1846, and prior thereto, he ^Vas the proprietor of a cotton pickery in the city…
1Opinion of the CourtCollier, C. J.
It cannot be assumed, that the custom which the plaintiff sought to establish was unreasonable, and therefore contrary to law. .The powers of a factor in the cotton trade certainly authorize him to appoint an agent to examine the condition of cotton consigned to him for sale or shipment, and to invest such agent with authority to put it in a situation that it may be disposed of in the one mode or the other. If lie think proper, he may appoint the bailee with whom it is deposited for safe keeping, to perform this service. It is for the interest of the owner of the cotton that the factor should…
2Cases cited1 opinion
- Trott v. WoodU.S. Circuit Court for the District of Rhode Island · 1813
3Cited by6 opinions
- Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
- Smith & Co. v. RiceSupreme Court of Alabama · 1876
- Penland v. Ingle.Supreme Court of North Carolina · 1905
- Buyck & Cain v. SchwingSupreme Court of Alabama · 1893
- Mobile & Montgomery Railway Co. v. JaySupreme Court of Alabama · 1878
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