Merrill v. Brantley & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Crenshaw. Tried before the Hon. K. L. Harmon, Special Judge. This was an action for money had and received, brought by the appellees, T. K. Brantley & Co., a partnership, against the appellant, William J. Merrill, Sr., in which the plaintiff sought to recover money paid by them to the defendant for the purchase of cotton. The facts of the case are sufficiently stated in the opinion.
Read the full summary
Appeal from the Circuit Court of Crenshaw. Tried before the Hon. K. L. Harmon, Special Judge. This was an action for money had and received, brought by the appellees, T. K. Brantley & Co., a partnership, against the appellant, William J. Merrill, Sr., in which the plaintiff sought to recover money paid by them to the defendant for the purchase of cotton. The facts of the case are sufficiently stated in the opinion. There were verdict and judgment rendered in favor ■of the defendant. The plaintiffs made a motion for a new trial upon the ground that the verdict was contrary to the evidence, and…
1Opinion of the CourtSharpe, J.
Plaintiffs held a first mortgage on cotton grown by one Wallace to secure a debt amounting to more than the value of the cotton. Defendant held a second mortgage on the same cotton taken after plaintiffs’ had been duly recorded. After the cotton was gathered, baled and placed in a warehouse, defendant sold it together with other cotton to plaintiffs. Plaintiffs now sue to recover back the money paid for the cotton claiming they purchased under a mistaken belief that defendant owned the cotton and without knowing it was the same cotton covered by their mortgage.
By their purchase plaintiffs…
2Cases cited3 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Rutherford v. McIvorSupreme Court of Alabama · 1852
- Young & Son v. Lehman, Durr & Co.Supreme Court of Alabama · 1879
3Cited by14 opinions
- Jawad v. GranadeSupreme Court of Alabama · 1986
- Franklin Life Ins. Co. v. WardSupreme Court of Alabama · 1939
- Smith v. Tombigbee & Northern Ry. Co.Supreme Court of Alabama · 1904
- Oliver v. HAYES INTERN. CORP.Court of Civil Appeals of Alabama · 1984
- Russell v. RichardAlabama Court of Appeals · 1912
9 more not listed; retrieve them via the Exa API.