Jones v. Sims
Supreme Court of Alabama
In error to the Circuit court of Tuskaloosa, Assumpsit against common carriers, for non-delivery, &c. _ ' _ At the April term of tlie Circuit court of Tuska-loosa county, eighteen hundred and thirty-six, Edward Sims and David Scott, merchants and co-partners, complained of Wiliam Jones, jr., John Jones; Benjamin Horner and Larkin Hammond, survivors of John W. Donaldson, deceased, who, together with the said John W., were joint-owners and proprietors the steam-boat ‘Warrior,’…
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In error to the Circuit court of Tuskaloosa, Assumpsit against common carriers, for non-delivery, &c. _ ' _ At the April term of tlie Circuit court of Tuska-loosa county, eighteen hundred and thirty-six, Edward Sims and David Scott, merchants and co-partners, complained of Wiliam Jones, jr., John Jones; Benjamin Horner and Larkin Hammond, survivors of John W. Donaldson, deceased, who, together with the said John W., were joint-owners and proprietors the steam-boat ‘Warrior,’ and co-partners in the freight of the said steam-boat, of a plea of trespass on the case, &c., — for that defendants…
1Opinion of the CourtCollier, C. J.
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The questions of law presented in this case, arise mainly out of the judgment, upon the demurrer of the plaintiffs in error to the declaration of ■the defendants, and a bill of exceptions taken at the trial.
The bill of exceptions sets out a bill of lading signed by the master or purser of the steam-boat Warrior, from which it appears that the defendants shipped from Tuskaloosa on that boat, bound thence to Mobile, to Messrs M’Losky & Hagan, (at the latter place,) .one hundred bales .of cotton, the consignees paying •freight therefor, at one dollar per bale.
It was proved, that the Warrior,’…
2Cases cited2 opinions
- Maryland Insurance v. Ruden's AdministratorSupreme Court of the United States · 1810
- D'Wolf v. HarrisU.S. Circuit Court for the District of Massachusetts · 1827
3Cited by11 opinions
- Robinson & Ledyard v. Pogue & SonSupreme Court of Alabama · 1888
- Southern Express Co. v. CapertonSupreme Court of Alabama · 1870
- Alabama G. S. R. R. v. H. Altman Co.Supreme Court of Alabama · 1914
- Southern Railway Co. v. BrewsterAlabama Court of Appeals · 1913
- Veitch v. Atkins Grocery & Commission Co.Alabama Court of Appeals · 1912
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