Price v. White
Supreme Court of Alabama
Error to the County Court of Mobile. This was a suit commenced before a justice of the peace, at the instance of the defendant in error, against the plaintiff, Price ; a judgment was rendered in favor of the plaintiff below, and thereupon the defendant appealed to the County Court, and entered into a bond, with Henry Penfield as his surety.
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Error to the County Court of Mobile. This was a suit commenced before a justice of the peace, at the instance of the defendant in error, against the plaintiff, Price ; a judgment was rendered in favor of the plaintiff below, and thereupon the defendant appealed to the County Court, and entered into a bond, with Henry Penfield as his surety. The plaintiff filed a statement of his cause of action, in which it is alledged that the defendant agreed to pay him $2 25 per day, if he would come from the city of New York to Mobile; and serve him as a clerk; that in compliance with this agreement, the…
1Opinion of the CourtCollier, C. J.
The custom or usage of trade, is the law of that trade ; and to make it obligatory it must not only be certain, uniform and reasonable, but it must be sufficiently ancient to be generally known. [Collings v. Hope, 3 Wash. C. C. Rep. 150; Lewis v. Thatcher, 15 Mass. Rep. 433; Thomas v. Graves; 1 Rep. Cons. Ct. 308; Smith v. Wright, 1 Caine’s Rep. 45.] In Stevens v. Reeves, 9 Pick. Rep. 198, it was held that a person who makes a contract is not bound by the usage of a particular business, unless it is so general as to furnish a presumption of knowledge, or it is proved that he knew it. See also…
2Cases cited4 opinions
- Wood v. Hickok & HamiltonNew York Supreme Court · 1829
- Astor v. Union InsuranceNew York Supreme Court · 1827
- Ball v. AllenMassachusetts Supreme Judicial Court · 1819
- Vans v. HigginsonMassachusetts Supreme Judicial Court · 1813
3Cited by7 opinions
- Barlow v. LambertSupreme Court of Alabama · 1856
- Partridge v. ForsythSupreme Court of Alabama · 1856
- West, Oliver & Co. v. BallSupreme Court of Alabama · 1847
- Steele v. McTyer's Adm'rSupreme Court of Alabama · 1858
- Boon v. Steamboat BelfastSupreme Court of Alabama · 1866
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