Casey v. Holmes, Bott & Earle
Supreme Court of Alabama
Appeal from the Chancery Court at Mobile. The bill was filed by the appellant, and alledges, that he is the owner and occupier of a cotton press, in the city of Moa-bite, known as the “ Independent Press,” and of the wharves and warehouses thereto attached, and was engaged in the business of compressing, and storing cotton — that there was a certain other cotton press in the city, with large warehouses and wharves thereto attached, known as Hitchcock’s Press, situ* ate…
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Appeal from the Chancery Court at Mobile. The bill was filed by the appellant, and alledges, that he is the owner and occupier of a cotton press, in the city of Moa-bite, known as the “ Independent Press,” and of the wharves and warehouses thereto attached, and was engaged in the business of compressing, and storing cotton — that there was a certain other cotton press in the city, with large warehouses and wharves thereto attached, known as Hitchcock’s Press, situ* ate contiguous to the press of appellant. That sometime in the spring or summer of 1845, appellant had made an arrange* ment with…
1Opinion of the CourtOrmond, J.
We agree with the chancellor, that there is nothing in this contract, which would prevent the interference of a court of chancery by injunction, if a proper case is made out by the bill. The complainant and the defendants were proprietors of adjacent warehouses, and wharves, to each of which was attached an expensive apparatus for compressing bales of cotton, by steam power, and upon the consideration, that the complainant would allow the defendants the use of the principal part of his wharf, and abstain from receiving the wharfage on the cotton landed there, the defend, ants agreed not to…
2Cases cited2 opinions
- Gould v. WomackSupreme Court of Alabama · 1841
- Jarvis v. PeckNew York Court of Chancery · 1843
3Cited by17 opinions
- Wann v. Metropolitan Life Ins. Co.Texas Commission of Appeals · 1931
- Iron Age Publishing Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1887
- Moon's Adm'r v. CrowderSupreme Court of Alabama · 1882
- Goodlett v. HansellSupreme Court of Alabama · 1880
- Lyon v. HuntSupreme Court of Alabama · 1847
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