Bros. v. Mobile & Ohio R. R.
Supreme Court of Alabama
Appeal from Circuit Court of Mobile. Tried before Hon. Haebí T. Toulmjn. , This was an action of detinue, brought by the appellants, Leigh Bros., against the appellee, the Mobile and Ohio R, R. Co., to recover twenty-three bales of cotton.
Read the full summary
Appeal from Circuit Court of Mobile. Tried before Hon. Haebí T. Toulmjn. , This was an action of detinue, brought by the appellants, Leigh Bros., against the appellee, the Mobile and Ohio R, R. Co., to recover twenty-three bales of cotton. On the trial it appeared that the plaintiffs were the owners of the cotton sued for on the 30th day of November, 1874, and had the possession thereof, and that on that day they sold, or contracted to sell, the same to one A. J. Foster, under the following circumstances: The sale, or agreement to sell, was made in Columbus, Miss., and the evidence tended to…
1Opinion of the CourtBrickell, C. J.
It is not necessary to inquire whether the rules of the board of trade, at Columbus, had existed so long, were so generally known, and acted on, that they would be regarded as a custom or usage, entering into and forming a part of contracts for the sale of cotton there made, which were not in stipulation inconsistent with them. Of the character of these rules, Foster was informed by the plaintiffs, and that the proposed sale, or agreement to sell, made with him, was made in reference, and subject to them, and that while he would be allowed to examine, and, if he desired, to re-weigh the…
2Cases cited10 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Covill v. Hill & SanfordNew York Supreme Court · 1847
- Barnard v. . CampbellNew York Court of Appeals · 1874
- Magee v. BillingsleySupreme Court of Alabama · 1842
- President of the Salem Bank v. President of the Gloucester BankMassachusetts Supreme Judicial Court · 1820
5 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Adler v. Van Kirk Land & Construction Co.Supreme Court of Alabama · 1896
- Clarke Bros. v. McNattSupreme Court of Georgia · 1909
- Spira v. Hornthall, Whitehead, Weissman & Co.Supreme Court of Alabama · 1884
- Blackman v. Lehman, Durr & Co.Supreme Court of Alabama · 1879
- Wyatt v. HendersonOregon Supreme Court · 1897
24 more not listed; retrieve them via the Exa API.