Jones v. Hatchett
Supreme Court of Alabama
Error to the Circuit Court of Tallapoosa. Before the Hon. G. W. Stone. < Assumpsit by the defendants in error, on a promissory note which was given by the plaintiff in error, for an advance on cotton stored in plaintiff’s warehouse, which was destroyed by fire.
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Error to the Circuit Court of Tallapoosa. Before the Hon. G. W. Stone. < Assumpsit by the defendants in error, on a promissory note which was given by the plaintiff in error, for an advance on cotton stored in plaintiff’s warehouse, which was destroyed by fire. It was proved that the plaintiff had advertised to the public generally, that during the spring and summer of 1844, he had gone to great expense in building a fire proof cotton warehouse, in which he would be ready to receive cotton in store by the 1st October, 1844. The defendant’s cotton-was delivered in the warehouse about 1…
1Opinion of the CourtCollier, C. J.
1. It cannot be inferred from the facts recited in the bill of exceptions, that the plaintiffs were *745obliged by the stipulation under which they received the defendant’s potton on storage, to keep a cistern or other receptacle for water in their warehouse, with buckets suitable to extinguish fire, such as appertained to Mr. Thomas’s warehouse. They were bound to observe ordinary diligence in taking care of cotton committed to their keeping, and if they did not, they should be charged with the loss. It was conceded that the custom existing among the warehousemen did not require that their…
2Cited by9 opinions
- Lambert v. StateSupreme Court of Alabama · 1922
- Herring v. SkaggsSupreme Court of Alabama · 1878
- Massey v. PentecostSupreme Court of Alabama · 1921
- Seals v. EdmondsonSupreme Court of Alabama · 1882
- Webber v. Bank of TracyCalifornia Court of Appeal · 1924
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