Bashinsky v. Seals
Supreme Court of Alabama
Ax-’Peai. from the Circuit. Court of Pike. Tried before tlie I-Ion. John P. Hubbard. This action was brought by Bashinsky & Co., the appellants, against .the appellee, J. M. Seals The complaint was ill words and figures as follows: “Plaintiff claims of defendant tlie sum of $275, damages to plaintiff caused by tlie defendant by reason of defendant’s wrongful conduct to tlie plaintiff in tort as shown by tlie facts following: ' Heretofore during tlie cotton season, beginning…
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Ax-’Peai. from the Circuit. Court of Pike. Tried before tlie I-Ion. John P. Hubbard. This action was brought by Bashinsky & Co., the appellants, against .the appellee, J. M. Seals The complaint was ill words and figures as follows: “Plaintiff claims of defendant tlie sum of $275, damages to plaintiff caused by tlie defendant by reason of defendant’s wrongful conduct to tlie plaintiff in tort as shown by tlie facts following: ' Heretofore during tlie cotton season, beginning September 1st, 1899, plaintiff was engaged in tlie business of buying and selling cotton as a broker, and defendant was…
1Opinion of the CourtSharpe, J.
If tlie delivery of plaintiffs cotton to tlie compress company was authorized, that delivery ended all duty and liability which the law imposed' on defendant as warehouseman with respect to the cotton. The talcing from the compress company of a receipt for the cotton was not embraced in that duty, unless by special agreement, express or implied, the authority to deliver was conditioned upon the procurement of a receipt, in which case it may be that the plaintiff, if not acquiescing in the delivery, could have ignored it and held the defendant to answer either in assumpsit for a breach of the…
2Cited by1 opinion
- Marbury Lumber Co. v. WoolfolkSupreme Court of Alabama · 1914