Lehman, Durr & Co. v. Pritchett
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Tried before Hon. John P. Hubbard. ' 1. The loss by fire was not the proximate result of delay in selling the cotton, and tlie appellants are not answerable in damages. 23 Ohio State, 532; 10 Wallace, 176; 13 Gray, 481; 115 Mass. 304; 91 Penn.
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Appeal from Montgomery Circuit Court. Tried before Hon. John P. Hubbard. ' 1. The loss by fire was not the proximate result of delay in selling the cotton, and tlie appellants are not answerable in damages. 23 Ohio State, 532; 10 Wallace, 176; 13 Gray, 481; 115 Mass. 304; 91 Penn. St. 310; 33 Mich. 6. 2. Appellants being sued under their firm name as commission merchants, the case must stand, so far as their liability is concerned, just as it would stand in case the cotton had been stored in the warehouse of a third party. cited Glover v. Taylor, 41 Ala. 128; Pattison v. Wallace, 1 Stew. 48. ■
1Opinion of the CourtClopton, J.
Appellee seeks by the action, which is brought against appellants as commission merchants and warehousemen, to recover for the loss of five bales of cotton, which they failed to sell in a reasonable time after having been so instructed, and which they kept on hand until it was destroyed by fire. The rulings of the court, in charging the *513jury, raise the question whether the defendants are liable for the value of the cotton, if they failed to sell it after receiving instructions a sufficient time to enable them to sell before the cotton was burned, though the warehouse receipts were not sent to…
2Cases cited5 opinions
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Michigan Central Railroad v. BurrowsMichigan Supreme Court · 1875
- Smith v. SmithSupreme Court of Vermont · 1873
- Walrath v. WhittekindSupreme Court of Kansas · 1881
- Pattison v. WallaceSupreme Court of Alabama · 1827
3Cited by4 opinions
- Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- Swift & Co. v. Eastern Warehouse Co.Supreme Court of Alabama · 1888
- A. P. Loveman & Co. v. Alabama, Tennessee & Northern R. R.Supreme Court of Alabama · 1911
- Tyson v. Jennings Produce Co.Alabama Court of Appeals · 1917