Flash, Hartwell & Co. v. Ferri
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before tbe Hon. Ales. McKiNSTRY. This action was brought by Joseph Ferri, against the appellants, to recover the freight agreed to be paid for certain hogsheads of sugar and molasses, transported by him from New Orleans to Mobile for the defendants. The defendants pleaded the general issue, and also insisted, under a special plea, that | they were entitled to recoup damages for injuries and losses to the cargo.
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Appeal from the City Court of Mobile. Tried before tbe Hon. Ales. McKiNSTRY. This action was brought by Joseph Ferri, against the appellants, to recover the freight agreed to be paid for certain hogsheads of sugar and molasses, transported by him from New Orleans to Mobile for the defendants. The defendants pleaded the general issue, and also insisted, under a special plea, that | they were entitled to recoup damages for injuries and losses to the cargo. “On the trial,” as the bill of exceptions states, “it was a material question whether five hogsheads of sugar, shipped on board plaintiff’s…
1Opinion of the CourtStone, J.
The act of 1839 (Clay’s Dig. 342, § 161) has been repeatedly considered by this court. — See Hudgins v. Nix, 10 Ala. 575; Hayden v. Boyd, 8 Ala. 323;. Richards v. Griffin, 5 Ala. 195; Yarborough v. Hood, 13 Ala. 176; Anderson v. Collins, 6 Ala. 783 ; Bennett v. Armstead, 3 Ala. 507. The Code, (§ 2313,) so far as the' question we are considering is involved, is not materially different from the act of 1839. — Waring v. Henry, 30 Ala. 721.
The authorities above cited are decisive to show there is no error in this record.
Judgment of the city court affirmed.
2Cases cited7 opinions
- Anderson v. CollinsSupreme Court of Alabama · 1844
- Waring v. HenrySupreme Court of Alabama · 1857
- Yarborough v. HoodSupreme Court of Alabama · 1848
- Richards v. GriffinSupreme Court of Alabama · 1843
- Bennett v. Armstead ex rel. HairSupreme Court of Alabama · 1842
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Crymes v. White & JohnsonSupreme Court of Alabama · 1861
- Hamblin v. McLendonSupreme Court of Alabama · 1861