Kirby v. Huntsville Fertilizer & Milling Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. John B. Tally. This action was brought by the appellee, The Huntsville Fertilizer & Milling Company, against the appellant, Joshua F. Kirby; and counted on a promissory note executed by the defendant to the plaintiff. The defense interposed is shown in the opinion.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. John B. Tally. This action was brought by the appellee, The Huntsville Fertilizer & Milling Company, against the appellant, Joshua F. Kirby; and counted on a promissory note executed by the defendant to the plaintiff. The defense interposed is shown in the opinion. Upon the cross-examination of the plaintiff as a witness, and after he had testified that he had sold most of the fertilizer purchased from the plaintiff, he was asked to get the notes which he had taken from the persons to whom he had re-sold the fertilizer, and was…
1Opinion of the CourtBrickell, C. J.
This suit is founded on a promissory note made by the appellant payable to the appellee, bearing date the first day of May, 1891, for the payment of the sum of fourteen hundred and four dollars on the first day of December, 1891. The defendant interposed several pleas, but the trial was had only on a plea averring that the consideration of the note was the price of commei-cial fertilizers which the appellee sold the appellant, the same not being tagged as required by the statute. The facts as shown by the bill of exceptions are, that the appellee was engaged in the manufacture and sale of…
2Cases cited3 opinions
- Steiner & Sons v. RaySupreme Court of Alabama · 1887
- Brown & Co. v. Adair & McCarty Bros.Supreme Court of Alabama · 1894
- Clark's Cove Guano Co. v. DowlingSupreme Court of Alabama · 1887
3Cited by4 opinions
- Planters Chemical & Oil Co. v. StearnesSupreme Court of Alabama · 1914
- Decatur Fertilizer Co. v. WallsSupreme Court of Alabama · 1924
- Brown & Oakley v. Raisin Fertilizer Co.Supreme Court of Alabama · 1899
- Hyatt v. International Agricultural CorporationSupreme Court of Alabama · 1938