Legal Opinion

Wailes & Co. v. Couch

Supreme Court of Alabama

Decided December 15, 1883PublishedCited by 11 opinions

Appeal from City Court of Selma. Tried before Hon. JoN. HabalsoN. This was a suit by W. TI. Conch against ¥m. E. Wailes & Co., to recover the value of a bale of cotton, and was commenced on 5th May, 1881. The complaint contains two counts, the first in trover, and the other a special count on the case.

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Appeal from City Court of Selma. Tried before Hon. JoN. HabalsoN. This was a suit by W. TI. Conch against ¥m. E. Wailes & Co., to recover the value of a bale of cotton, and was commenced on 5th May, 1881. The complaint contains two counts, the first in trover, and the other a special count on the case. The cause was tried without a jury under the provisions of the statute creating said court, the trial resulting in a judgment in favor of the plaintiff, to which the defendants duly excepted. The facts are sufficiently stated in the opinion. The judgment rendered is here, inter alia, assigned…

1Opinion of the CourtStone, J.

It needs no argument to show that if this suit was by Lotspeich, Gholson & Go., there could be no recovery. The cotton had been delivered pursuant to their order and direction, and they would not be heard to complain that their order had been obeyed. The contention is, that Couch, by virtue of his transaction with them, acquired a better title than theirs, and that would cut off all defenses growing out of the original transaction.

Wailes & Co., by mistake and accident, allowed Lotspeich, Gholson & Go. to obtain a delivery order for the bale of cotton in controversy, before they had paid for…

2Cases cited4 opinions

  1. Saltmarsh v. TuthillSupreme Court of Alabama · 1848
  2. Williams v. . TiltNew York Court of Appeals · 1867
  3. Ramsdell v. MorganNew York Supreme Court · 1837
  4. Carlisle v. HillSupreme Court of Alabama · 1849

3Cited by11 opinions

  1. Schneider v. SellersTexas Supreme Court · 1905
  2. Lewis v. HickmanSupreme Court of Alabama · 1917
  3. LeGrand v. Eufaula National BankSupreme Court of Alabama · 1886
  4. McCall v. RogersSupreme Court of Alabama · 1884
  5. Meyer Bros. v. CookSupreme Court of Alabama · 1888

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