Birmingham Fertilizer Co. v. Cox & Son

The Birmingham Fertilizer Company sold fertilizer to the partnership of John A. Cox & Son, and took their note for the purchase-price. Cox & Son sold the fertilizer to planters, took their notes, transferred them as collateral security to the Birmingham Fertilizer Company, and retained the collateral notes for collection. Cox & Son having failed, upon demand, to surrender the collateral notes or to account for them, the fertilizer company brought an action of trover and bail. At the conclusion of the evidence the court directed a verdict for the defendants, and subsequently overruled the…