Jones v. Sommerville
Supreme Court of Alabama
Error from Franklin Circuit Court — Before the Hon. S. Ik Perry,, Sommerville brought an action of covenant against Jones», upon articles of agreement entered into between tbete^ 1823.' By this instrument Jones agreed that he would ship croP cotton, by Sommerville to New-Qrleans, supposed to be one hundred and twenty bales. Sommerville agreed to pay off a judgment which one Davis held against said Jones for two thousand dollars.
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Error from Franklin Circuit Court — Before the Hon. S. Ik Perry,, Sommerville brought an action of covenant against Jones», upon articles of agreement entered into between tbete^ 1823.' By this instrument Jones agreed that he would ship croP cotton, by Sommerville to New-Qrleans, supposed to be one hundred and twenty bales. Sommerville agreed to pay off a judgment which one Davis held against said Jones for two thousand dollars. He was to retain the amount of said judgment out of the proceeds of said cotton, with the further sum of eighteen per cent, on said judgment; the over-plus, if any,…
1Opinion of the Court
By Mr. Justice Hitchcock :
This is an action of covenant, brought by Alexander Sommer-ville against William S. Jones, in the Circuit Court of Frank-*454lia county ; in which court, Sommcrville, at the August term, 1332, recovered judgment against Jones, for the smn of thirteen hundred and fifteen dollars sixty seven cents; and to reverse which judgment, the case has been brought, by writ of error, into this court.
There were six pleas filed by the defendant below, to three of which issues were tendered by the jury; to the other three general demurrers were filed by the plaintiff below, which were…
2Cases cited1 opinion
- Somerville v. JonesSupreme Court of Alabama · 1828
3Cited by10 opinions
- Broughton v. MitchellSupreme Court of Alabama · 1879
- Blackburn v. McLaughlinSupreme Court of Alabama · 1918
- Fulenwider v. RowanSupreme Court of Alabama · 1902
- Jamison v. FlannerSupreme Court of Kansas · 1924
- Long v. AddixSupreme Court of Alabama · 1913
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