Jemison v. Birmingham & Atlantic Railroad
Supreme Court of Alabama
Appeal from the City Court of Talladega. Tried bef ore tire Hon. G. K. Miller. This action was brought by the Birmingham & Atlantic Railroad Company against R. M. Jemison and S. W. Beavers, individually an'd as partners, 'doing business under tlie firm name an'd style of Beavers & Jemison. The complaint contained two counts, which, as amended, were as follows: “First.
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Appeal from the City Court of Talladega. Tried bef ore tire Hon. G. K. Miller. This action was brought by the Birmingham & Atlantic Railroad Company against R. M. Jemison and S. W. Beavers, individually an'd as partners, 'doing business under tlie firm name an'd style of Beavers & Jemison. The complaint contained two counts, which, as amended, were as follows: “First. The plaintiff claims of the defendants the sum of, to-wit, seventy dollars damages for the breach of a covenant and agreement entered into by them on, to-wit, the first day of November, 1897, which was as follows, to-wit: The…
1Opinion of the CourtSharpe, J.
The agreement declared on in the first-count of the complaint is violative -of our statute Iuav -and is therefore void. Section 4219 of the Code expressly prohibits the issuance of bills of lading before actual receipt of the goods ¡by the carrier. For so doing the carrier is, by -a separate section (4223), made liable for resulting damages to any person who may be thereby injured." The provision is intended for the protection of the publi-c as against the deceptions use which might be made of false bills of lading in misleading persons deal*383ing with 'the holder into the belief that the goods…
2Cases cited10 opinions
- Woods & Co. v. ArmstrongSupreme Court of Alabama · 1875
- Allen, Bethune & Co. v. Maury & Co.Supreme Court of Alabama · 1880
- Alabama State Bank v. BarnesSupreme Court of Alabama · 1886
- Shippey v. EastwoodSupreme Court of Alabama · 1846
- McGehee v. LindsaySupreme Court of Alabama · 1844
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
- General Electric Co. v. Town of Fort DepositSupreme Court of Alabama · 1911
- Menominee River Boom Co. v. Augustus Spies Lumber & Cedar Co.Wisconsin Supreme Court · 1912
- Louisville & Nashville R. R. v. National Park BankSupreme Court of Alabama · 1914
- German-American National Bank v. LewisAlabama Court of Appeals · 1913
4 more not listed; retrieve them via the Exa API.