Legal Opinion

Abrams v. Seale

Supreme Court of Alabama

Decided January 15, 1870Published

Appeal from the Circuit Court of Butler. Tried before the Hon. P. O. Harpeb. This was an action commenced by Ward, against J. R. & H. S. Abrams, as warehousemen, to recover damages for. the failure to deliver seven bales of cotton stored with them on the 12th and láth of March, 1866. During the pend-ency of the suit, Ward having died, his administrator was made party plaintiff, and H. S. Abrams having also died, the suit: proceeded against J. R. Abrams as surviving partner.

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Appeal from the Circuit Court of Butler. Tried before the Hon. P. O. Harpeb. This was an action commenced by Ward, against J. R. & H. S. Abrams, as warehousemen, to recover damages for. the failure to deliver seven bales of cotton stored with them on the 12th and láth of March, 1866. During the pend-ency of the suit, Ward having died, his administrator was made party plaintiff, and H. S. Abrams having also died, the suit: proceeded against J. R. Abrams as surviving partner. On the trial, as appears from the bill of exceptions, there was a demurrer to the complaint, which was overruled, but as…

1Opinion of the CourtB. F. Saffold, J.

The bill of exceptions does not say that the overruling of the demurrer to the complaint was excepted to. We will, therefore, not consider that point.

The important question in the case is the propriety of that charge of the court to which exception was taken.

The plaintiff, Ward, the intestate of the appellee, sued the defendant for damages for the non-delivery of seven bales of'cotton, stored at his warehouse on the 12th and 14th of March, 1866. Jennings, a witness for the defendant, testified that about the middle of February, 1866, the defendant, Ward, Green, and himself, were, at the…

2Cases cited2 opinions

  1. Jones v. ScottSupreme Court of Alabama · 1841
  2. Sturdevant v. GainsSupreme Court of Alabama · 1843

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