International Agri. Cor. v. Abercrombie
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Action by tbe International Agricultural Corporation against C. G-. Abercrombie, in assumpsit; from a judgment for defendant on Ms pleas of set-off and recoupment, plaintiff appeals. Tbe facts are sufficiently stated in tbe opinion of tbe court. After judgment, motion was made for a new trial; the fifth ground being that the verdict was a quotient verdict, and improperly arrived at.
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Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Action by tbe International Agricultural Corporation against C. G-. Abercrombie, in assumpsit; from a judgment for defendant on Ms pleas of set-off and recoupment, plaintiff appeals. Tbe facts are sufficiently stated in tbe opinion of tbe court. After judgment, motion was made for a new trial; the fifth ground being that the verdict was a quotient verdict, and improperly arrived at. The following is the affidavit of William M. Williams, together with the exhibits thereto: “State of Alabama, Montgomery County. Before me, H. F.…
1Opinion of the CourtMayfield, J.
— Appellant sued appellee on two promissory notes, which, with interest, aggregated $1,-637, as to which there was no dispute or contest. Appellee interposéd two special pleas of set-off, claiming damages to his growing crops, fruit trees, etc., on account of sulphurous fumes escaping from plaintiff’s fertilizer factory, which was operated near defendant’s farm. The damages thus claimed were unliquidated, but no question is raised as to the pleadings; the real dispute was as to the amount of damages suffered in consequence of the alleged wrongs complained of, in allowing the fumes to escape…
2Cases cited15 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Shoemaker v. AckerCalifornia Supreme Court · 1897
- Teller v. Bay and River Dredging Co.California Supreme Court · 1907
- Bell v. ReynoldsSupreme Court of Alabama · 1885
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3Cited by50 opinions
- Conley v. Amalgamated Sugar Co.Idaho Supreme Court · 1953
- Alabama MacHinery & Supply Co. v. CaffeySupreme Court of Alabama · 1925
- Montgomery City Lines, Inc. v. DavisSupreme Court of Alabama · 1954
- Manhattan Oil Co. v. MosbyCourt of Appeals for the Eighth Circuit · 1934
- Redwine v. FitzhughWyoming Supreme Court · 1958
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