Mott v. Jackson
Supreme Court of Alabama
Breach of Contract. Appeal from. Mobile Law and Equity Court. Heard before Hon. Safpold Berney. Action by John D. Mott against M. R. Jackson and otters. Judgment for defendants, and plaintiff appeals.
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Breach of Contract. Appeal from. Mobile Law and Equity Court. Heard before Hon. Safpold Berney. Action by John D. Mott against M. R. Jackson and otters. Judgment for defendants, and plaintiff appeals. The complaint is as follows: Count 1: “Plaintiff claims of tbe defendants the sum of $1,500 damages, for that, whereas, on, to wit, the 22d day of January, 1908, the said defendants were engaged in running a steamboat, viz., the Liberty, as a common carrier on the navigable waters of Alabama, and on or about sucb time promised and agreed as sucb carriers to and with plaintiff to receive for bim…
1Opinion of the CourtSimpson, J.
This action is by the appellant •against the appellees, as common carriers, by water, for damages for refusal to receive freight. Demurrers Avere sustained to the complaint, as amended, the plaintiff refused'to amend, and the errors claimed are the action of the court in sustaining the demurrers to the several counts of the complaint.
The counts of the complaint (which Avill be set out by the reporter) are on the contract, and not ex de*453licto. — Wilkinson v. Moseley, 18 Ala. 288, 290, et seq.; Mobile Life Ins. Co. v. Randall, 74 Ala. 170, 176; McDaniel v. Johnston, 110 Ala. 526, 532, 19 South.…
2Cases cited12 opinions
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Mobile Life Insurance v. RandallSupreme Court of Alabama · 1883
- Wilkinson v. MoseleySupreme Court of Alabama · 1850
- Wellington v. ApthorpMassachusetts Supreme Judicial Court · 1887
- Harvey v. Connecticut & Passumpsic Rivers RailroadMassachusetts Supreme Judicial Court · 1878
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Tucker v. Mobile Infirmary Ass'nSupreme Court of Alabama · 1915
- Pullman Co. v. MeyerSupreme Court of Alabama · 1915
- Fish v. FishMissouri Court of Appeals · 1957
- Keeth Gas Co., Inc. v. Jackson Creek Cattle Co.New Mexico Supreme Court · 1977
- Tennessee River Nav. Co. v. WallsSupreme Court of Alabama · 1923
5 more not listed; retrieve them via the Exa API.