McClure & Co. v. Cox, Brainard & Co.
Supreme Court of Alabama
[ACTION AGAINST COMMON CAUKIEKS FOE LOSS OF COTTON.] Appeal from the City Court of Mobile. Tried before the Hon. Alex. McBjnstey. This action was brought by the appellants, to recover damages for the loss of five bales of cotton, which were shipped at Claiborne, on board of the steamboat Pink Toney, of which the defendants were the owners, consigned to the plaintiffs at Mobile, and never delivered to them. The only plea was the general issue.
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[ACTION AGAINST COMMON CAUKIEKS FOE LOSS OF COTTON.] Appeal from the City Court of Mobile. Tried before the Hon. Alex. McBjnstey. This action was brought by the appellants, to recover damages for the loss of five bales of cotton, which were shipped at Claiborne, on board of the steamboat Pink Toney, of which the defendants were the owners, consigned to the plaintiffs at Mobile, and never delivered to them. The only plea was the general issue. The rulings of the court on the trial, which present all the points covered by the assignments of error, are thus stated in the bill of exceptions: “ On…
1Opinion of the CourtRice, C. J.
It is settled in this State, that it is permissible for the owner of a steamboat, when sued for the *621loss of goods by fire, to show by parol, that the exceptive words, “ dangers of the river,” in a bill of lading, by custom and usage include dangers by fire. — Samspon & Lindsay v. Gazzam, 6 Porter’s R. 123; Hibler v. McCartney, at the last term, reported in 31 Ala. 501.
[2.] “ In mercantile contracts, as to the subject-matter of which known usages prevail, parties are found to proceed with the tacit assumption of those usages. They commonly reduce to writing the special particulars of their…
2Cases cited6 opinions
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Barlow v. LambertSupreme Court of Alabama · 1856
- Mobile Marine Dock & Mutual Ins. v. McMillan & SonSupreme Court of Alabama · 1858
- Hibler v. McCartneySupreme Court of Alabama · 1858
- Smith v. Mobile Navigation & Mutual InsuranceSupreme Court of Alabama · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Baer & Co. v. Mobile Cooperage & Box Mfg. Co.Supreme Court of Alabama · 1909
- Smith & Co. v. RiceSupreme Court of Alabama · 1876
- Spears v. WardIndiana Supreme Court · 1874
- Boon v. Steamboat BelfastSupreme Court of Alabama · 1866