Legal Opinion
Merchants' Bank v. Sherman
Supreme Court of Alabama
Decided December 16, 1926No. 1 Div. 403PublishedCited by 9 opinions
1Opinion of the CourtThomas, J.
The appellant took a non-suit on account of the adverse rulings in sustaining demurrers to the several counts of the complaint.
The effect of the amended counts is that it is charged that the defendant negligently created a dangerous kerosene misture and negligently sold the same to the St. Louis Street market, from whom the plaintiff purchased, in due course of business, and was injured by its explosion.
The second and third counts are rested, respectively, upon the charge of negligence in selling and negligence in mixing and selling the compound. These counts aver substantially the same facts…
2Cases cited34 opinions
- Savings Bank v. WardSupreme Court of the United States · 1880
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Waters-Pierce Oil Co. v. DeselmsSupreme Court of the United States · 1909
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
29 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Liberty National Life Insurance Company v. WeldonSupreme Court of Alabama · 1957
- Ramey v. Carolina Life InsuranceSupreme Court of South Carolina · 1964
- Stegall v. Catawba Oil Company of NCSupreme Court of North Carolina · 1963
- In Re FiteSupreme Court of Alabama · 1933
- City of Birmingham v. MartinSupreme Court of Alabama · 1934
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