Knight v. Harris, Cortner & Co.
Alabama Court of Appeals
Appeal from Law and Equity Court, Morgan County; Thomas W. Wert, Judge. Action by Jennie W. Knight against Harris, Cortner & Co., for the price of cotton. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear. (A) The defendant is not liable to plaintiff for the cotton delivered to him by plaintiff on the price at which defendant sold the cotton.
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Appeal from Law and Equity Court, Morgan County; Thomas W. Wert, Judge. Action by Jennie W. Knight against Harris, Cortner & Co., for the price of cotton. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear. (A) The defendant is not liable to plaintiff for the cotton delivered to him by plaintiff on the price at which defendant sold the cotton. (C) If you are reasonably satisfied from the evidence in the case that plaintiff held open a settlement of her cotton until cotton went down to 8 cents per pound; and until she was called upon to put up margins, and then…
1Opinion of the CourtBrown, P. J.
[1] There seems to be no controversy as to the terms of the agreement between the parties under which the cotton in controversy was delivered to the defendant. In' consideration of the money advanced by the defendant to the plaintiff, it was privileged to use the cotton in its business and to deal with it as it saw fit, and to make final settlement with the plaintiff therefor upon demand made by her, the amount plaintiff was entitled to receive for the cotton to be determined by the market price, basis middling, at the time of such demand, the price so determined to be applied to…
2Cases cited9 opinions
- Barnes v. Hekla Fire InsuranceSupreme Court of Iowa · 1888
- Ledyard v. HibbardMichigan Supreme Court · 1882
- Carlisle v. WallaceIndiana Supreme Court · 1859
- Barnes Bros. v. McCrea & Co.Supreme Court of Iowa · 1888
- Cloke v. ShafrothIllinois Supreme Court · 1891
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