Cosmos Cotton Co. v. 1st National Bank
Supreme Court of Alabama
Apppeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by the Cosmos Cotton Company against the 1st National Bank of Birmingham for shortage in weight and deterioration in cotton purchased by it through hill of lading with draft attached, which had been cashed by-defendant’s bank, and forwarded to and paid by plaintiff-judgment for defendant and plaintiff appeals.
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Apppeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by the Cosmos Cotton Company against the 1st National Bank of Birmingham for shortage in weight and deterioration in cotton purchased by it through hill of lading with draft attached, which had been cashed by-defendant’s bank, and forwarded to and paid by plaintiff-judgment for defendant and plaintiff appeals. A bank must refund money paid it on account of a draft with a Bill of Lading attached describing One Hundred (100) whole hales of cotton, when, in fact, one hundred half or split bales were shipped.— Haas & Go.…
1Opinion of the CourtAnderson, J.
This suit proceeds upon the theory that notwithstanding the defendant bank, the payee of the draft, cashed the same or placed the proceeds thereof to the credit of the drawers, Smith & Goughian, it became liable to the plaintiff, upon a subsequent payment, by it, of said draft, as for the breach of the contract of sale between it, the plaintiff, and the consignor of the cotton and drawers of the draft, Smith & Coughlan, and which said draft, when paid by the plaintiff, had the bill of lading for the cotton attached thereto, and which said bill of lading, when delivered to the defendant, was…
2Cases cited19 opinions
- Goetz v. Bank of Kansas CitySupreme Court of the United States · 1887
- Mason v. A. E. Nelson Cotton Co.Supreme Court of North Carolina · 1908
- Hoffman & Co. v. Bank of MilwaukeeSupreme Court of the United States · 1871
- S. Blaidsell, Jr., Co. v. Citizens National BankTexas Supreme Court · 1903
- Landa v. Lattin Bros.Court of Appeals of Texas · 1898
14 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- H. C. Schrader Co. v. A. Z. Bailey Groc. Co.Alabama Court of Appeals · 1917
- Hood v. Com. Germania T. & S. Bank of New OrleansAlabama Court of Appeals · 1914
- Hawkins v. Alfalfa Products Co.Court of Appeals of Kentucky · 1913
- Alexander v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1921
- Industrial Finance Corporation v. TurnerSupreme Court of Alabama · 1926
10 more not listed; retrieve them via the Exa API.