Case v. Monk
Alabama Court of Appeals
Detinue, Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Detinue by William H. Monk, Jr., against Jessie Case. Judgment for plaintiff, and defendant appeals.
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Detinue, Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Detinue by William H. Monk, Jr., against Jessie Case. Judgment for plaintiff, and defendant appeals. The pleas state a good defense to the action and the court was in error in sustaining demurrers thereto. — Ramsey r„ Smithy 35 South. 325; Lea v. Classen, 61 Ala. 312; Ware v. Jones, 61 Ala. 288; Hill v. Freeman, 73 Ala. 201; Addison on Contracts, 252; Bishop on Contracts, 458. On the same authority the charges requested by appellant should have been given. The court was not in error in sustaining demurrers to the…
1Opinion of the CourtPelham, J.
The action brought by the appellee is in detinue to recover of the appellant certain articles of furniture, the possession of which had been secured by appellant from the appellee under a contract or agreement whereby a certain sum was to be paid monthly for the use or rental of the furniture for a period of 17 months. The amount paid in cash and the 17 monthly payments provided for are more than the value of the property, as set out in the'agreement, but there is no stipulation that the title to the property shall pass into- the “lessee” when all of the amounts provided for are paid.
The…
2Cases cited4 opinions
- Birmingham Mineral Railroad v. JacobsSupreme Court of Alabama · 1890
- Boulden v. Estey Organ Co.Supreme Court of Alabama · 1890
- Ramsey v. SmithSupreme Court of Alabama · 1903
- Sloss-Sheffield Steel & Iron Co. v. VinzantSupreme Court of Alabama · 1907
3Cited by2 opinions
- Starr Piano Co. v. ZaveloSupreme Court of Alabama · 1925
- Evans Furniture Co. v. MeyersAlabama Court of Appeals · 1917