McGill v. Monette
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKiNStry. This action was brought by John W. Monette, against William McGill and Harvey Snow; but was allowed to abate as to Snow, who died before the trial.
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKiNStry. This action was brought by John W. Monette, against William McGill and Harvey Snow; but was allowed to abate as to Snow, who died before the trial. The complaint contained two counts, in substance as follows: 1st. For that whereas, oh the 8th December, 1855, plaintiff’ caused to be delivered to defendants, at their special instance and request, a certain barge laden with eight hundred bushels of corn, the property of jdaintiff, and with two-hundred and forty-four bales of cotton, the property of divers other persons,…
1Opinion of the CourtR. W. Walker, J.
1. The demurrers to the complaint were properly overruled. Although the plaintiff held the cotton as bailee, yet it was competent for him to sue in his own name on the contract made with the defendants. If it be conceded that Iris right to sue on this contract is dependent on his liability over to his principals, it is plain that this liability results, as matter of law, from the allegations of the complaint.—Cox v. Easley, 11 Ala. 369 ; Steamboat Farmer v. McCraw, 26 Ala. 204; Story on Bailments, § 94; 1 Parsons on Contracts, 633 ; Hare v. Fuller, 7 Ala. 717.
2. The objection to the…
2Cases cited6 opinions
- Goodman v. WalkerSupreme Court of Alabama · 1857
- Hare v. FullerSupreme Court of Alabama · 1845
- Simmons v. AugustinSupreme Court of Alabama · 1836
- Cox v. EasleySupreme Court of Alabama · 1847
- Owners of Steamboat Farmer v. McCrawSupreme Court of Alabama · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
- Birmingham Southern R. Co. v. GoodwynSupreme Court of Alabama · 1919
- Montgomery Gas-Light Co. v. Montgomery & Eufaula Railway Co.Supreme Court of Alabama · 1888
- Shahan v. Herzberg, Simpson & Co.Supreme Court of Alabama · 1882
- United States v. GriswoldArizona Supreme Court · 1904
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