Citation Numbers: 175 Ala. 316, 57 So. 817
Judges: Anderson, Conclusion, Mayfield, McClellan, Sayre, Simpson, Somerville, Tlie
Filed Date: 12/22/1911
Status: Precedential
Modified Date: 7/27/2022
Mr. Hood’s contemporary, yet wholly distinct and independent, relations of warehouseman and of “cotton agent” of the defendant, which was without interest, in any degree, in the warehouse business conducted by Mr. Hood individually, rendered it impossible, under the doctrine of the decision in Lehman, Durr & Co. v. Pritchett, 84 Ala. 512, 4 South. 601, for Mr. Hoed, as warehouseman, to deliver, actually or constructively, the cotton in question to the common carrier (the defendant, appellee) while there was outstanding, undelivered and uncanceled, warehouse receipts
Upon this theory, independent of any others advanced or adopted by the trial court in giving the affirmative charge for the defendant (appellee), that ruling was clearly justified.
Affirmed.
?