Cummings v. S. Funkenstein Co.
Alabama Court of Appeals
Appeal from Circuit Court, Hale County; B. M. Miller, Judge. Action by tbe S. Punkenstein Company, Limited, against O. D. Cummings, on the common counts for merchandise sold and delivered. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtSamford, J.
The defendant, C. D. Cummings, with his son, W. O. Cummings, was during the years 1913 and 1914 engaged in a general merchandise business in Hale county, Ala., under tbe firm name of O. D. Cummings & Son. The plaintiff in the court below was engaged in the whisky business in New Orleans, La. From March'3, 1913, to January 6, 1914, the plaintiff shipped to various parties on the orders of WL O. Cummings, signed “C. D. Cummings & Son, by W. O. C.,” $446.15 worth of whisky and beer. It was shown that, when these orders were by letter, all of them, except in three instances, were signed by W. O.…
2Cases cited7 opinions
- Irwin v. WilliarSupreme Court of the United States · 1884
- Locke v. LewisMassachusetts Supreme Judicial Court · 1878
- Alabama Fertilizer Co. v. Reynolds & LeeSupreme Court of Alabama · 1885
- McCrary v. SlaughterSupreme Court of Alabama · 1877
- Clark v. Taylor & Co.Supreme Court of Alabama · 1880
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3Cited by3 opinions
- R. L. Turner Motors v. HilkeySupreme Court of Alabama · 1954
- McCrary v. LathamAlabama Court of Appeals · 1944
- Alabama Cabinet Works v. Benson Hardware Co.Supreme Court of Alabama · 1929