Montgomery & Eufaula Railway Co. v. Kolb
Supreme Court of Alabama
Appeal from Barbour Circuit Court. Tried before Hon. II. D. Clayton. This was a suit by Kolb & Hardaway against the Montgomery & Eufaula Kailway Company, a body corporate, to recover the value of nine bales of cotton, alleged to have been delivered to the defendant at Eufaula for transportation to Montgomery, and which were never delivered by the defendant at the latter place; was cómmenced on 12th March, 1881, and was tried on the plea of the general issue, the 'trial…
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Appeal from Barbour Circuit Court. Tried before Hon. II. D. Clayton. This was a suit by Kolb & Hardaway against the Montgomery & Eufaula Kailway Company, a body corporate, to recover the value of nine bales of cotton, alleged to have been delivered to the defendant at Eufaula for transportation to Montgomery, and which were never delivered by the defendant at the latter place; was cómmenced on 12th March, 1881, and was tried on the plea of the general issue, the 'trial resulting in a verdict and' judgment for the plaintiff, from which the defendant appealed. As recited in the bill.of…
1Opinion of the CourtStone, J.
— When the law has declared certain express rules for the government of men, or when persons enter into express stipulations, expressing the terms on which they enter into contracts, it is a reasonable rule, subject only to a few exceptions, that neither custom nor usage will be allowefi to dispense with.such legal requirements, nor such express stipulations. — Barlow v. Lambert, 28 Ala. 704. “Where by local custom or usage provincialisms and technicalities of science and commerce, and perhaps some others, have acquired a known, fixed and definite meaning, different from their ordinary…
2Cases cited4 opinions
- Barlow v. LambertSupreme Court of Alabama · 1856
- Piedmont & Arlington Life Insurance v. YoungSupreme Court of Alabama · 1877
- Alexander v. AlexanderSupreme Court of Alabama · 1882
- Boon v. Steamboat BelfastSupreme Court of Alabama · 1866
3Cited by41 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- East Tennessee, Virginia & Georgia Railroad v. JohnstonSupreme Court of Alabama · 1884
- Lutz v. Van Heynigen Brokerage Co.Supreme Court of Alabama · 1917
- Davis v. Badders & BrittSupreme Court of Alabama · 1891
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. BrownIndiana Supreme Court · 1912
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