Pattison v. Wallace
Supreme Court of Alabama
Assumpsit by Pattison against W. andJ. Wallace, on a special agreement. General issue. On the trial, the plaintiff took a bill of exceptions as follows: “ The plaintiff proved, that in pursuance of an agreement between him and the defendants, he delivered at the cotton gin of the defendants, between the ninth day of October and the twenty second day of November, 1821, 53,443 pounds of good merchantable seed cotton; that the defendants were bound by the said agreement under…
Read the full summary
Assumpsit by Pattison against W. andJ. Wallace, on a special agreement. General issue. On the trial, the plaintiff took a bill of exceptions as follows: “ The plaintiff proved, that in pursuance of an agreement between him and the defendants, he delivered at the cotton gin of the defendants, between the ninth day of October and the twenty second day of November, 1821, 53,443 pounds of good merchantable seed cotton; that the defendants were bound by the said agreement under which the cottou was delivered at their gin, to gin and bale the cotton delivered to them by the plaintiff, as fast as it…
1Opinion of the Court
THE CHIEF JUSTICE
delivered the opinion of the Court.
The evidence as stated in the bill of exceptions, presents a clear case of bailment for a reward. The defendants were bailees, and were to recebe a compensation for their labor, risk and attention. So long as they kept within their agreement, they were liable only for such accidents as prudence could have guarded against and prevented; but if they violated their engagements, they made themselves liable for the thing balled in any event. They were bound to gin and bale the plaintiff’s cotton as soon after delivery as it could be done, and to…
2Cited by1 opinion
- Lehman, Durr & Co. v. PritchettSupreme Court of Alabama · 1887