Nicholson v. Moog & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before tbe Hon. John K. Henry. Tbis action was brought in the name of A. Moog & Co., late partners doing business as merchants in the city of Montgomery, against W. J. Nicholson; and was commenced on the 21st day of April, 1877. The complaint contained only the common count for the price of goods sold and delivered on or before the 22d June, 1874, amounting to $78.29. The matters here assigned as error are, a charge given by the…
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Appeal from the Circuit Court of Butler. Tried before tbe Hon. John K. Henry. Tbis action was brought in the name of A. Moog & Co., late partners doing business as merchants in the city of Montgomery, against W. J. Nicholson; and was commenced on the 21st day of April, 1877. The complaint contained only the common count for the price of goods sold and delivered on or before the 22d June, 1874, amounting to $78.29. The matters here assigned as error are, a charge given by the court, and several charges asked and refused, as to the defendant’s liability for goods sold and forwarded by the…
1Opinion of the CourtSomebyille, J.
— The evidence in this case, as disclosed by the bill of exceptions, shows, that the appellant, W. J. Nicholson, was carrying on a grocery business in Garland, Alabama, about the first of January, 1874, and that the appellees were merchants doing business about the same *472time in Montgomery, Alabama. There had been no dealings between the parties, prior to the transactions involved in this suit, though there had been some correspondence between them by letter. In the latter part of February, 1874, the appellant abandoned the mercantile business, and turned it over to his brother, J. M.…
2Cases cited2 opinions
- Mauldin v. Branch Bank at MobileSupreme Court of Alabama · 1841
- H. Amidown & Co. v. Osgood & MinardSupreme Court of Vermont · 1852
3Cited by4 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Turner v. WilkinsonSupreme Court of Alabama · 1882
- Alabama Fertilizer Co. v. Reynolds & LeeSupreme Court of Alabama · 1885
- Ala. Fertilizer Co. v. Reynolds & LeeSupreme Court of Alabama · 1887