Comer v. Lehman, Durr & Co.
Supreme Court of Alabama
Apleal from, the Chancery Court of Bullock. Heard before the Hon. John A. Foster. The original bill in this case was filed by Lehman, Durr & Go., commission-merchants in Montgomery, against J. F. Comer andH.
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Apleal from, the Chancery Court of Bullock. Heard before the Hon. John A. Foster. The original bill in this case was filed by Lehman, Durr & Go., commission-merchants in Montgomery, against J. F. Comer andH. M. Comer & Co., a partnership doing business in Savannah, Georgia; and sought principally to enforce and foreclose a mortgage on crops, horses, mules, &c., executed to plaintiffs by said J. F. Comer; also, the appointment of a receiver to take possession of the mortgaged property, and to hold H. M. Comer & Co. accountable for some of the mortgaged property which was in their possession,…
1Opinion of the CourtMcCLELLAN, J.
The negotiations of the parties, which led up to and resulted in the execution of the mortgage, may, on the case as presented by the complainants, be epitomized thus: Comer desired to borrow seven thousand dollars from Lehman,.Durr & Co. The latter required that the loan be secured by mortgage. Comer proposed to secure them by assigning certain dioses in action, and by mortgage on certain crops, and on all his mules and horses then in use on his plantations in Barbour and Bullock counties, and represented that there were twenty head of such mules and horses, though he in fact had thirty-six…
2Cited by5 opinions
- J. E. Butler & Co. v. A. G. Henry & Co.Supreme Court of Alabama · 1918
- Lehman, Durr & Co. v. ComerSupreme Court of Alabama · 1889
- West Springfield Trust Co. v. HinckleyMassachusetts Supreme Judicial Court · 1927
- Hanson v. LutherSupreme Court of Alabama · 1934
- Jacobs v. Swift & Co.Supreme Court of Alabama · 1935