Horace Turner & Co. v. Munson S. S. Line
Alabama Court of Appeals
Appeal from Law and Equity Court, Mobile County; Saffold Berney, Judge. Suit by Horace Turner & Co. against the Munson Steamship Line. From a judgment of nonsuit, plaintiff appeals. The plaintiff in the court below (appellant here) brought its original suit declaring in four counts for a breach of a contract. The first three counts were the common counts, and were not afterward considered in the pleadings which followed.
Read the full summary
Appeal from Law and Equity Court, Mobile County; Saffold Berney, Judge. Suit by Horace Turner & Co. against the Munson Steamship Line. From a judgment of nonsuit, plaintiff appeals. The plaintiff in the court below (appellant here) brought its original suit declaring in four counts for a breach of a contract. The first three counts were the common counts, and were not afterward considered in the pleadings which followed. The fourth count undertook to set up the following facts: Plaintiff, on the 10th day of June, 1913, and a long time prior thereto, was engaged in the export lumber business…
1Opinion of the CourtSamford, J.
For the purposes of a decision iu this case, it will only be necessary to notice specifically the rulings of the court on the motion to strike the claim for special damages, as set out in the tenth count of the complaint.
[1] It is clear that in the tenth count the plaintiff has alleged a contract existing between the plaintiff and the defendant, and a breach of that contract. This would entitle the plaintiff, if there were no special circumstances in the case, to such damages as would generally result from such breach, according-to the usual course of things, but in this case the plaintiff…
2Cases cited6 opinions
- Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Illinois Central Railroad v. Cobb, Christy & Co.Illinois Supreme Court · 1872
- Bixby-Theirson Lumber Co. v. EvansSupreme Court of Alabama · 1910
- Lonergan v. WaldoMassachusetts Supreme Judicial Court · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Munson S. S. Line v. Horace Turner & Co.Supreme Court of Alabama · 1919
- Dickson v. Alabama MacHinery & Supply Co.Alabama Court of Appeals · 1919
- Munson S. S. Line v. Horace Turner & Co.Supreme Court of Alabama · 1920