Dilworth v. Holmes Furniture & V. Co.
Supreme Court of Alabama
Appeal from Madison Circuit Court. Assumpsit by tbe Holmes Furniture & Vehicle Company against W. P. Dilworth and others. Judgment for plaintiff, and defendants appeal.
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Appeal from Madison Circuit Court. Assumpsit by tbe Holmes Furniture & Vehicle Company against W. P. Dilworth and others. Judgment for plaintiff, and defendants appeal. Tbe complaint contained the common counts and certain counts declaring upon a special, contract of guaranty, whereby the defendants guaranteed the payment of a note and mortgage executed by A. Y. Parker to plaintiff February 22, 1911, and payable to plaintiff on November 1, 1911. Pleas 10, 11, 12, 13, and 14 allege, in substance, that the guaranty was of a conditional sales contract executed by Parker to the plaintiff and that…
1Opinion of the CourtMcCLELLAN, J.
— The propriety of the court’s action in striking, in response to plaintiff’s (appellee’s) motion, pleas 10, 11, 12, 13, and 14 is confirmed when it is concluded, as doubtless the trial court did, that the instrument executed by A. Y. Parker to the appellee is a mortgage and not the evidence of a conditional sale. While in the printed part of the instrument (the original of which has been certified here) it is provided that the title should remain in the appellee company until payment of the “mortgage” was made, other features of the instrument unmistakably show that the employment of that…
2Cases cited6 opinions
- Rigby v. NorwoodSupreme Court of Alabama · 1859
- Moses v. Lawrence County BankSupreme Court of the United States · 1893
- Foster v. NapierSupreme Court of Alabama · 1883
- Merritt v. CoffinSupreme Court of Alabama · 1907
- Lindsay v. McRaeSupreme Court of Alabama · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- American Casualty Company of Reading, Pa. v. DevineSupreme Court of Alabama · 1963
- Perkins v. SkatesSupreme Court of Alabama · 1929
- McMillan v. DozierSupreme Court of Alabama · 1952
- Levy v. AllenSupreme Court of Alabama · 1951
- Dillworth v. Holmes Furn. & Vehicle Co.Alabama Court of Appeals · 1916
7 more not listed; retrieve them via the Exa API.