Clark's Cove Guano Co. v. Dowling
Supreme Court of Alabama
Appeal from the Circuit Court of Dale. Tried before the Hon. Jesse M. Carmichael. This action was brought by the appellant, a Massachusetts corporation, against W. R. Dowling; and was founded on the defendant’s promissory note for $48, which was dated March 6th, 1885, and payable on the 15th October.
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Appeal from the Circuit Court of Dale. Tried before the Hon. Jesse M. Carmichael. This action was brought by the appellant, a Massachusetts corporation, against W. R. Dowling; and was founded on the defendant’s promissory note for $48, which was dated March 6th, 1885, and payable on the 15th October. The consideration of the note was several bags or packages of guano, which the defendant had bought from one Cody, plaintiff’s agent at Columbia, Henry county, Alabama; and his defense was, that four of the eight packages were not tagged as required by the statute. — Code, § 141. The defendant…
1Opinion of the Court
STONE, O. J.
Only one witness, the defendant, gives testimony as to the place of sale of the gnano, which is the consideration of the note sued on. He testifies that he purchased from Cody in Columbia, Alabama. He testifies further, that when he received four sacks of the fertilizer, they were without tags. There was no testimony directly in conflict with this, and the jury must have believed it. Other four sacks, received at a different time, were tagged; but no ruling of the court raises the question of the right to a partial recovery. Possibly, without a change of the complaint, or a common…
2Cases cited2 opinions
- Steiner & Sons v. RaySupreme Court of Alabama · 1887
- Campbell v. SegarsSupreme Court of Alabama · 1886
3Cited by4 opinions
- Walls v. Decatur Fertilizer Co.Supreme Court of Alabama · 1926
- Brown & Co. v. Adair & McCarty Bros.Supreme Court of Alabama · 1894
- Kirby v. Huntsville Fertilizer & Milling Co.Supreme Court of Alabama · 1894
- Decatur Fertilizer Co. v. WallsSupreme Court of Alabama · 1924