Bush & Co. v. Willis
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Axdeeson. This suit was instituted on April 4, 1898, by the ap-pellee, Byrd C. Willis, against the 'appellants, J. C. Bush & Co. As originally filed the complaint contained four counts.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Axdeeson. This suit was instituted on April 4, 1898, by the ap-pellee, Byrd C. Willis, against the 'appellants, J. C. Bush & Co. As originally filed the complaint contained four counts. The first and second counts sought to re-■coyer $145 as part of the proceeds from a sale of the defendants of certain cotton received from one G. W. Keith on December 13, 1897, on which bales of cotton the plaintiff then 'had a landlord’s lien for rent and advances. The third count sought to recover $145 for money had and received for…
1Opinion of the CourtTyson, J.
The defendants were factors and merchants in the city of Mobile and took from Keith, who was the tenant of plaintiff, a mortgage upon all crops to be raised by hian during the year 1897, to secure a note for $161.67 and “all further or additional supplies of goods, over and above the amount of said note, advanced and furnished.” The notes secured by this mortgage also contained a stipulation binding Keith to ship to defendants during the season of 1897-98 fifteen bales of cotton or pay them commissiions on any deficit at the rate, of $1.00 per bale. This note and mortgage bears date of March…
2Cases cited10 opinions
- Lomax v. LeGrand & Co.Supreme Court of Alabama · 1877
- Barnett v. Warren & Co.Supreme Court of Alabama · 1886
- Beall v. Folmar, Sons & Co.Supreme Court of Alabama · 1898
- Waite, LaFils & Co. v. CorbinSupreme Court of Alabama · 1895
- Dunlap v. SteeleSupreme Court of Alabama · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hodges v. WestmorelandSupreme Court of Alabama · 1923
- Mt. Vernon-Woodberry Mills v. Union Springs Guano Co.Alabama Court of Appeals · 1934
- Walls v. SkeltonSupreme Court of Alabama · 1926
- Bellingrath v. SamuelSupreme Court of Alabama · 1929
- McLellan v. Roberson & SonSupreme Court of Alabama · 1911
1 more not listed; retrieve them via the Exa API.