Bott v. McCoy
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. This was an action of detinue by McCoy & Johnson against Holmes & Bott, surviving partners of Holmes, Bott & Earle, for seventy-eight bales of cotton. The case was submitted upon an agreed statement of facts, and judgment thereon was rendered in favor of the plaintiffs. The agreed statement of facts is set out at sufficient length in the opinion.
Read the full summary
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. This was an action of detinue by McCoy & Johnson against Holmes & Bott, surviving partners of Holmes, Bott & Earle, for seventy-eight bales of cotton. The case was submitted upon an agreed statement of facts, and judgment thereon was rendered in favor of the plaintiffs. The agreed statement of facts is set out at sufficient length in the opinion. The act of an agent is the act of his principal: a sale by the factor, of his principal’s goods, lodged with him for sale, operates a contract between the principal and the…
1Opinion of the Court
DARGAN, 0. J.
The cotton sued for was received by William Bower & Co., as commission merchants, from the planters who raised it. Bower & Co. stored the cotton with the defendants, Holmes & Bott, who were warehouse keepers, and it was entered on the books of the warehouse in their name. Shortly afterwards Bower & Co. obtained an advance of money for their own benefit from McCoy & Johnson, and pledged the cotton as a security for its payment. They gave to Johnson & McCoy an order for the cotton, which being presented to the defendants, they recognized the title of the plaintiffs, and their clerk…
2Cases cited3 opinions
- Fambro v. GanttSupreme Court of Alabama · 1847
- Etheridge v. Doe ex dem. MalempreSupreme Court of Alabama · 1851
- Pistole v. StreetSupreme Court of Alabama · 1837
3Cited by18 opinions
- Andrews v. GreySupreme Court of Alabama · 1917
- Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
- Betancourt v. EberlinSupreme Court of Alabama · 1882
- Wolffe v. StateSupreme Court of Alabama · 1885
- Brown v. Bamberger, Bloom & Co.Supreme Court of Alabama · 1895
13 more not listed; retrieve them via the Exa API.