Chilton Warehouse & Manufacturing Co. v. Lewis
Alabama Court of Appeals
Appeal from Elmore Circuit Court. Heard before Hou. W. W. Peakson. Assumpsit by the Chilton Warehouse and Manufacturing Company against J. C. Lewis. Judgment for defendant and plaintiff appeals. The question presented involves a construction of sections of the Code relating to the sale of fertilizers. — Secs. 37 to.48 especially.
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Appeal from Elmore Circuit Court. Heard before Hou. W. W. Peakson. Assumpsit by the Chilton Warehouse and Manufacturing Company against J. C. Lewis. Judgment for defendant and plaintiff appeals. The question presented involves a construction of sections of the Code relating to the sale of fertilizers. — Secs. 37 to.48 especially. Two tests were made, one test while in the warehouse showing 11% below commercial value, and one test from sacks sold a consumer showing a 2%% beloAv commercial value,' but it nowhere is shown that defendant had the test made, or was concerned in the making of the…
1Opinion of the Court
de GBAFFENRIED, J.
This suit was brought by the appellant against the appellee on a certain promissory note made by the appellee to appellant for certain commercial fertilizers sold by appellant to appellee.
When the appellant introduced the defendant’s note in evidence, it made out a prima facie right to recover the face of the note, interest, and, upon proof of their value, its attorney’s fees, for the payment of which by the -appellee the note provided. If there existed any good and sufficient reason Avhy the appellant should not recover, the Iuav cast the duty upon the defendant to sIioav…
2Cases cited1 opinion
- Southern Railway Co. v. WilliamsSupreme Court of Alabama · 1896
3Cited by2 opinions
- Wells Fargo Bank, N.A. v. TrotmanDistrict Court, M.D. Alabama · 2013
- Bowman v. StreetAlabama Court of Appeals · 1927