Hill, Fontaine & Co. v. Helton
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Tried before the Hon. James E. Cobb. Pleasant H. Helton sued out an attachment against Hill, Fontaine & Co., commission merchants, residing in Memphis, Tenn., and executed the same by the service of writs of garnishment on certain creditors of the defendants residing in Jackson county, Ala. The plaintiff claimed of the defendants the proceeds of fourteen bales of cotton, sold by them on his account and which they failed to pay to him.
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Appeal from Jackson Circuit Court. Tried before the Hon. James E. Cobb. Pleasant H. Helton sued out an attachment against Hill, Fontaine & Co., commission merchants, residing in Memphis, Tenn., and executed the same by the service of writs of garnishment on certain creditors of the defendants residing in Jackson county, Ala. The plaintiff claimed of the defendants the proceeds of fourteen bales of cotton, sold by them on his account and which they failed to pay to him. The defendants appeared by counsel and defended the suit. The facts, as they appear in the record, are, that Helton brought…
1Opinion of the CourtClopton, J.
The appellee brings this suit to recover the proceeds of cotton, which was sold by the appellants as commission merchants. There seems to be no controversy as to the ownership or sale of the cotton. The disputed question is, in what capacity did Johnson Martin, to whom defendants accounted for the proceeds, act — whether he shipped the cotton, merely as depot agent, or whether as agent of the plaintiff under an arrangement between the defendant and Martin, by which they advanced him money to control the shipments of cotton ?
The plaintiff was allowed, against the objection of defendants, to…
2Cases cited5 opinions
- Pollard v. VintonSupreme Court of the United States · 1882
- Hendricks v. KellySupreme Court of Alabama · 1879
- Alabama Gold Life Insurance v. SledgeSupreme Court of Alabama · 1878
- Dismukes & Patrick v. Tolson & BarrettSupreme Court of Alabama · 1880
- Danner Land & Lumber Co. v. Stonewall InsuranceSupreme Court of Alabama · 1884
3Cited by19 opinions
- Queen Insurance v. YoungSupreme Court of Alabama · 1888
- Kurtz v. FarringtonSupreme Court of Connecticut · 1926
- Girard Fire Marine Ins. Co. v. GunnSupreme Court of Alabama · 1930
- King v. StateSupreme Court of Alabama · 1891
- Cupo v. Royal InsuranceSupreme Court of Connecticut · 1924
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