Pippin v. Farmers' Warehouse Co.
Supreme Court of Alabama
Appeal from Dale Circuit Court. Heard before Hon. A. A. Evans. Action by J. W. Pippin against the Farmers’ Warehouse Company and others. Judgment for defendants, and plaintiff appeals.
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Appeal from Dale Circuit Court. Heard before Hon. A. A. Evans. Action by J. W. Pippin against the Farmers’ Warehouse Company and others. Judgment for defendants, and plaintiff appeals. The following is the agreed statement of facts: That on the 6th day of March, 1905, B. F. Blackmon and J. D. Cook executed to plaintiff a mortgage on their entire crop to be raised by them or under their direction, or in which they might in any way be interested, during the year 1905, in Dale county or elsewhere in Alabama; that at that time said B. F. Blackmon was in possession of and owned a certain tract of…
1Opinion of the CourtMayfield, J.
The action is by Pippin against the Farmers’ Warehouse Company, a partnereship, and E. R. Phillips for damages for the conversion by them of a bale of cotton in December, 1905. The case was tried on an agreed statement of facts by the court- without a jury. It is founded and prosecuted for the separate and district, but concurring and coexisting, wrongful acts of the defendants. The burden of the defendants’ defense is that the evidence shows that they were separate tort-feasors, and therefore there is a variance between the allegations and proof, and plaintiff was not, on that account,…
2Cases cited2 opinions
- Powell v. ThompsonSupreme Court of Alabama · 1885
- Hudmon Bros. v. DuBoseSupreme Court of Alabama · 1888
3Cited by7 opinions
- Union State Bank of Wapato v. WarnerWashington Supreme Court · 1926
- Saunders v. McDonoughSupreme Court of Alabama · 1928
- Lefkovitz v. LesterAlabama Court of Appeals · 1914
- Producers Livestock Marketing Ass'n v. LivingstonSupreme Court of Iowa · 1933
- Brooks v. Greil Bros.Supreme Court of Alabama · 1914
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