Legal Opinion

Pacific Guano Co. v. Mullen

Supreme Court of Alabama

Decided December 15, 1880PublishedCited by 16 opinions

Appeal from the Circuit Court of Lee. Tried before the Hon. James E. Cobb. This action was brought by tbe “ Pacific Guauo Company,” a corporation chartered by tbe Commonwealth of Massachusetts, against James M. Mullen ; was commenced on tbe 15th April, 1876 ; and was founded on the defendant’s promissory note for $363, dated the 17th April, 1875, and payable on the 1st November, 1875, to W. H. Young, of which the plaintiff claimed to be the owner and holder.

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Appeal from the Circuit Court of Lee. Tried before the Hon. James E. Cobb. This action was brought by tbe “ Pacific Guauo Company,” a corporation chartered by tbe Commonwealth of Massachusetts, against James M. Mullen ; was commenced on tbe 15th April, 1876 ; and was founded on the defendant’s promissory note for $363, dated the 17th April, 1875, and payable on the 1st November, 1875, to W. H. Young, of which the plaintiff claimed to be the owner and holder. The pleadings, as set out in the transcript, are somewhat confused. On the 3d November, 1876, the defendant filed four pleas, the first…

1Opinion of the CourtStone, J.

The second plea of defendant, as amended, presented a good defense to the action, and the Circuit Court did not err in overruling the demurrer to it.—Woods v. Armstrong, 54 Ala. 150; Pacific Guano Co. v. Dawkins, 57 Ala. 115.

Neither did the Circuit Court err in receiving in evidence the act of the legislature of Massachusetts, incorporating the “Pacific Guano Company,” exemplified as. it was under the great seal of that State. — 1 Greenl. Ev. § 489. One of the purposes of that corporation, as expressed in the charter, was the manufacture of fertilizers. It is common knowledge, that guano, in…

2Cases cited6 opinions

  1. Woods & Co. v. ArmstrongSupreme Court of Alabama · 1875
  2. Herring v. SkaggsSupreme Court of Alabama · 1878
  3. Claghorn v. LingoSupreme Court of Alabama · 1878
  4. Pacific Guano Co. v. DawkinsSupreme Court of Alabama · 1876
  5. Young v. O'NealSupreme Court of Alabama · 1877

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Tabor v. PetersSupreme Court of Alabama · 1883
  2. Menominee River Boom Co. v. Augustus Spies Lumber & Cedar Co.Wisconsin Supreme Court · 1912
  3. McCoy v. PrinceAlabama Court of Appeals · 1914
  4. Gachet v. WarrenSupreme Court of Alabama · 1882
  5. Snow v. Schomacker Manufacturing Co.Supreme Court of Alabama · 1881

11 more not listed; retrieve them via the Exa API.

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