Feore v. Mississippi Transportation Co.
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by James J. Feore against the Mississippi Transportation Company as defendant with garnishment for A. Berg. From a judgment in favor of the garnishee, plaintiff appeals. Under the facts in this case debt or indebitatus assumpsit will lie against the master as agent of the transportation company. — Euf. Gh’oc. Go. v. Nat.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by James J. Feore against the Mississippi Transportation Company as defendant with garnishment for A. Berg. From a judgment in favor of the garnishee, plaintiff appeals. Under the facts in this case debt or indebitatus assumpsit will lie against the master as agent of the transportation company. — Euf. Gh’oc. Go. v. Nat. Bank, 118 Ala. 408; Denlap’s Taley’s Agency, star p. 394; Gunmngham v. Baker, 104 Ala. Roman, v, Dimmick, 26 S'outh.; Goleman v. Hatcher, 77 Ala. and Howard-H arrisónos Iron Works case, 103 Ala.…
1Opinion of the CourtMcCLELLAN, J.
Feore was a creditor, it appears, of the Mississippi Transportation Company. That company was the charterer of the steamship Beta, of which vessel A. Berg was the master. The vessel was owned by Henson & Oloster, of Germany. Under the terms of the charter party the charterer was entitled, after allowing all proper credits, to about $1,000. Feore caused writ of garnishment to be served on Berg, as master of the ship, in an effort to enforce payment of his demand against the Mississippi Transportation Company. Berg answered, in a form agreeable to the plaintiff, that he was without contractual…
2Cases cited4 opinions
- Cunningham & Son v. Baker, Peterson & Co.Supreme Court of Alabama · 1893
- Coleman & Carroll v. Hatcher & BrannonSupreme Court of Alabama · 1884
- Eufaula Grocery Co. v. Missouri National BankSupreme Court of Alabama · 1897
- Roman v. DimmickSupreme Court of Alabama · 1898
3Cited by5 opinions
- Gladden v. Columbiana Sav. BankSupreme Court of Alabama · 1938
- Bloch Bros. v. Liverpool London Globe Ins. Co.Supreme Court of Alabama · 1922
- First National Bank v. DimmickSupreme Court of Alabama · 1914
- Hollis v. BenderAlabama Court of Appeals · 1948
- Hollis v. BenderAlabama Court of Appeals · 1948