Wilcox, Gribbs & Co. v. Henderson
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. H. D. Clayton. This action was brought by the appellants, suing as partners, against John B. Henderson; was commenced on the 10th September, 1872, and was founded on the defendant’s promissory note for $426.30; which was dated the 22d January, 1871, and payable to the plaintiffs or order, on or before the 1st day of November next after date ; and which purported to be given “ for value received, being for six tons…
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Appeal from the Circuit Court of Pike. Tried before the Hon. H. D. Clayton. This action was brought by the appellants, suing as partners, against John B. Henderson; was commenced on the 10th September, 1872, and was founded on the defendant’s promissory note for $426.30; which was dated the 22d January, 1871, and payable to the plaintiffs or order, on or before the 1st day of November next after date ; and which purported to be given “ for value received, being for six tons of manipulated guano and expenses on same,” and was credited with $50, paid December 20th, 1871. The defendant pleaded-…
1Opinion of the CourtStone, J.
The note sued on shows, on its face, that its consideration was Wilcox, Gibbs & Go.’s manipulated guano, sold by plaintiffs, through their agent, to the defendant. The ingredients, of which this fertilizer was compounded, and the proportions of the several ingredients, together with chemical analyses of the compound, were published in circulars, and displayed in posters to the public, at and before the sale and purchase out of which this action grew. These, we think, *541were legitimate instruments of evidence, and tend to show that the seller contracted and held himself bound by such…
2Cases cited3 opinions
- Einstein, Hirsch & Co. v. MarshallSupreme Court of Alabama · 1877
- Sledge v. ScottSupreme Court of Alabama · 1876
- Perry v. JohnstonSupreme Court of Alabama · 1877
3Cited by13 opinions
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Street v. SinclairSupreme Court of Alabama · 1881
- Tillis v. Smith Sons Lumber Co.Supreme Court of Alabama · 1914
- Tabor v. PetersSupreme Court of Alabama · 1883
- Brown v. Freeman & BynumSupreme Court of Alabama · 1885
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