W. S. Brown Mercantile Co. v. Yielding Bros. Department Store, Inc.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; John II. Miller, Judge. Suit by the Yielding Bros. Department Store, Incorporated, against W. S. Brown Mercantile Company, Incorporated.
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Appeal from Circuit Court, Jefferson County; John II. Miller, Judge. Suit by the Yielding Bros. Department Store, Incorporated, against W. S. Brown Mercantile Company, Incorporated. From a judgment for plaintiff, defendant appeals,' The complaint upon which this suit is based is as follows: “Plaintiff claims of defendant the sum of $1,-050 damages, for that heretofore, on the 15th clay of January, 1910, one J. E. Franklin, who was at and prior to said time a tenant of land in Jefferson county, Ala., on which said crop was to be raised, gave to Yielding Bros. Department Store, Incorporated, a…
1Opinion of the CourtGardner, J.
This cause involves the relative rights of the purchaser, in good faith, for value, without actual notice, of the negotiable receipt given by a public warehouseman in conformity with the Uniform Warehouse Receipts Act, and of the mortgagee of the property (cotton) covered by the receipt; the mortgagee having prior to the giving of the receipt obtained and duly filed and had recorded his mortgage in the office of the probate judge of the county where said cotton was grown and stored. As stated by counsel for. appellant in their brief, “No other question, whatever, is involved in this appeal.”
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2Cases cited5 opinions
- Commercial National Bank v. Canal-Louisiana Bank & Trust Co.Supreme Court of the United States · 1916
- Pollard v. ReardonCourt of Appeals for the First Circuit · 1895
- Manufacturers' Mercantile Co. v. Monarch Refrigerating Co.Illinois Supreme Court · 1915
- Arbuthnot v. Richheimer & Co.Supreme Court of Louisiana · 1916
- In re Dreuil & Co.District Court, E.D. Louisiana · 1913
3Cited by1 opinion
- Marine Bank & Trust Co. v. Greenville Savings Bank & Trust Co.Mississippi Supreme Court · 1923