Andrews v. Roach
Supreme Court of Alabama
Writ of error to the Circuit Court .of Jackson,-county. ASSUMPSIT to recover asufp of money 'due from the defendants ,to .the plaintiffs, for the freight and .lighterage of a quantity of cotton shipped by a flat-bqttomed boat, from Cross’s Landing, pp .the Tenpessee .river, to New-Qrleans. The declaration contained a special count on the contract, and two of a general character- The defendants pleaded non,as$umps,vt and set-off.
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Writ of error to the Circuit Court .of Jackson,-county. ASSUMPSIT to recover asufp of money 'due from the defendants ,to .the plaintiffs, for the freight and .lighterage of a quantity of cotton shipped by a flat-bqttomed boat, from Cross’s Landing, pp .the Tenpessee .river, to New-Qrleans. The declaration contained a special count on the contract, and two of a general character- The defendants pleaded non,as$umps,vt and set-off. At the trial, a bill o,f lading was shewn-.in evidence to the jury. This recites the shipping of the cotton by.the defendants, to be delivered, &;c. at.New-Orleans,…
1Opinion of the CourtGoldthwaite, J.
This case is ¡not without difficulty, and the question which itpresents, is one upon which there is ■some conflict of authority. It is without -doubt, .the general rule,.that-when parties have entered into a written contract, its -terms-cannot be controlled, ¡varied or contradicted by parol evidence.; yet there are many and unquestionable -exceptions to this rule. The most familiar class is negotiable securities, which are almost always construed with-reference to the.customs prevailing in,particular places. Most-of the American cases on .this subject, have been collated in the .notes to…
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