Legal Opinion

Albany Warehouse Co. v. F. B. Fisk Cotton Co.

Alabama Court of Appeals

Decided June 30, 1917No. 3 Div. 208PublishedCited by 2 opinions

Appeal from Circuit Court, Montgomery County; W. W. Pearson, Judge. Action by the Albany Warehouse Company against the F. B. Fisk Cbtton Company. Judgment for defendant, and plaintiff appeals.

1Per curiam

This is the second appeal in this case, the first appeal being from the judgment of the trial court sustaining a demurrer to the complaint, consisting of one count. On that appeal it was held that, if the cotton was sold by the plaintiff, a commission merchant, to S. H- Tift for cash, and Tift, without paying the purchase price, resold it to the defendant, and the sale took place in the state of Georgia, defendant’s liability would be tested by the laws of that state. Albany Warehouse Co. v. F. B. Fisk Cotton Co., 12 Ala. App. 527, 67 South. 728.

After the remandment of the case to the circuit…

2Cases cited10 opinions

  1. Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
  2. Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
  3. Farmers and Mechanics' Nat. Bank v. . LoganNew York Court of Appeals · 1878
  4. McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
  5. Comer v. . CunninghamNew York Court of Appeals · 1879

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3Cited by2 opinions

  1. McEntire v. McEntireSupreme Court of Alabama · 1925
  2. Ex Parte F. B. Fisk Cotton Co.Supreme Court of Alabama · 1918

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