Central of Georgia Ry. Co. v. Dothan Nat. Bank
Supreme Court of Alabama
Appeal from Circuit Court, Houston County ; H. A. Pearce, Judge. • Action by the Dothan National Bank against the Central of Georgia'Railway Company, for a breach of contract, in failing to deliver or in delivering without surrendering the bill of lading, a certain carload of cotton seed meal. Judgment for the defendant, and the plaintiff appeals.
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Appeal from Circuit Court, Houston County ; H. A. Pearce, Judge. • Action by the Dothan National Bank against the Central of Georgia'Railway Company, for a breach of contract, in failing to deliver or in delivering without surrendering the bill of lading, a certain carload of cotton seed meal. Judgment for the defendant, and the plaintiff appeals. The complaint alleges that the Boston Oil Mill Company purchased a carload of cotton seed meal from the Planter’s Cotton Oil Company, and consigned it to the Boston Oil Mill Company, at Richmond, Va., delivering it .with the Central of Georgia…
1Opinion of the CourtAnderson, C. J.
[1] Pretermitting other reasons and conceding, only for the purpose of deciding this case, that the Virginia judgment, set out in the defendant’s pleas, was valid and binding upon this plaintiff as to the matters thereby adjudicated; yet the pleas fail to show that the claim or demand in the present suit was involved and adjudicated in the Virginia suit, and the action of the trial court, in sustaining the plaintiff’s demurrer to the defendant’s special pleas, can be affirmed on this ground alone.
“It is unquestionably the law that a former judgment is a bar or estoppel against a prosecution…
2Cases cited9 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Crowder v. Red Mountain Mining Co.Supreme Court of Alabama · 1899
- Atlantic Coast Line R. R. v. Dahlberg Brokerage Co.Supreme Court of Alabama · 1910
- Commissioners Court Tuscaloosa Co. v. State ex rel. City of TuscaloosaSupreme Court of Alabama · 1913
- Irby v. Commercial Nat. BankSupreme Court of Alabama · 1920
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- A. B. C. Truck Lines, Inc. v. KenemerSupreme Court of Alabama · 1946
- The Cabo VillanoDistrict Court, E.D. New York · 1926
- Bank of America, N.A. v. Malfatti (In Re Malfatti)United States Bankruptcy Court, N.D. California · 2010
- A. B. C. Truck Lines, Inc. v. KenemerSupreme Court of Alabama · 1946
- Jefferson County v. City of BirminghamSupreme Court of Alabama · 1946