Stewart Bros. v. Harris, Cortner & Co.
Alabama Court of Appeals
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by S. E. Stewart & Bros, against Harris, Cortner & Company, for damages for the conversion of certain cotton alleged to have been mortgaged to plaintiff for advances to make a crop. Judgment for defendant and plaintiff appeals. Counts 1 and 2 are in Code form, and therefore, sufficient. The others were in Code form, as near as may be and were sufficient.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by S. E. Stewart & Bros, against Harris, Cortner & Company, for damages for the conversion of certain cotton alleged to have been mortgaged to plaintiff for advances to make a crop. Judgment for defendant and plaintiff appeals. Counts 1 and 2 are in Code form, and therefore, sufficient. The others were in Code form, as near as may be and were sufficient. The court erred in excluding the testimony to the effect that the full amount evidenced by the note and mortgages had been advanced. — Prior v. Johnson, 32 Ala.…
1Opinion of the CourtWalker, P. J.
The rulings of the court in sustaining demurrers to certain counts of the complaint are not available to the appellants (plaintiffs below) on this appeal, as those rulings were not the ones Avhich occasioned the taking of the nonsuit. — Engle v. Patterson, et al., 167 Ala. 117, 52 South. 397.
The claim of the plaintiffs to the cotton alleged to^ have been taken and converted by the defendants Avas based upon chattel mortgages Avhich were given to the plaintiffs to secure advances to be made by them; neither of the mortgages securing any other indebtedness. It Avas material for the plaintiffs…
2Cases cited4 opinions
- Ryan v. YoungSupreme Court of Alabama · 1906
- Engle v. PattersonSupreme Court of Alabama · 1910
- Seibold v. RogersSupreme Court of Alabama · 1895
- Davie v. RolandAlabama Court of Appeals · 1912
3Cited by7 opinions
- Walker County v. DavisSupreme Court of Alabama · 1930
- National Surety Co. v. JulianSupreme Court of Alabama · 1933
- Singleton v. Doe ex dem. SmithSupreme Court of Alabama · 1913
- Shepherd v. Butcher Tool & Hardware Co.Supreme Court of Alabama · 1916
- Hedden v. WefelAlabama Court of Appeals · 1915
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