Albany Warehouse Co. v. F. B. Fisk Cotton Co.
Alabama Court of Appeals
Assumpsit. Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Assumpsit by the Albany Warehouse Company against the F. B. Fisk Cotton Company. Judgment for defendant on demurrer, and plaintiff appeals.
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Assumpsit. Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Assumpsit by the Albany Warehouse Company against the F. B. Fisk Cotton Company. Judgment for defendant on demurrer, and plaintiff appeals. Count 2 of the complaint is as follows: Plaintiff claims of the defendant for that heretofore, in the month of September, 1911, while the plaintiff was a commission merchant doing business in Albany in the state of Georgia, he sold to S. H. Tift at Albany, Ga., 11 bales of cotton, for which said Tift was to pay in cash on the delivery of said cotton the sum of, to wit,…
1Opinion of the CourtThomas, J.
The appeal is on the record proper and seeks to review the action of the trial court in sustaining a demurrer to the complaint, as a result where*531of it became necessary for tbe appellant (plaintiff below) to take a nonsuit, which it did under the provisions of section 3017 of the Code.
Count 2 of the complaint will appear in the report of the case; and, while there are numerous grounds of alleged insufficiency stated in the demurrer filed to it, only one of such grounds need claim our attention and consideration, since appellee seems to concede the lack of merit in all the others. This one goes…
2Cases cited30 opinions
- Eyre v. JacobSupreme Court of Virginia · 1858
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Pilgreen v. StateSupreme Court of Alabama · 1882
- Cubbedge, Hazlehurst & Co. v. NapierSupreme Court of Alabama · 1878
- Bush v. RussellSupreme Court of Alabama · 1913
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3Cited by4 opinions
- Paterson v. BridgesAlabama Court of Appeals · 1917
- Albany Warehouse Co. v. F. B. Fisk Cotton Co.Alabama Court of Appeals · 1917
- Samford University v. City of HomewoodSupreme Court of Alabama · 2006
- Ex parte F. B. Fisk Cotton Co.Supreme Court of Alabama · 1915