Johnston Bros. Co. v. Washburn
Alabama Court of Appeals
Appeal from City Court of Birmingham; Charles W. Ferguson, Judge. Action by S. P. Washburn against Johnston Bros. Co. and others, for conversion. Judgment for plaintiff, and defendants appeal. Certiorari denied 201 Ala.698, 77 South.1002. The facts sufficiently appear.
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Appeal from City Court of Birmingham; Charles W. Ferguson, Judge. Action by S. P. Washburn against Johnston Bros. Co. and others, for conversion. Judgment for plaintiff, and defendants appeal. Certiorari denied 201 Ala.698, 77 South.1002. The facts sufficiently appear. The following is charge 4 refused to appellant: I charge you that the act approved March 9, 1911. to regulate the sale of stock and merchandise in bulk, was made for the protection of all creditors of the seller, and a creditor of such seller who had not sold any of the goods embraced in the sale of the stock in bulk has the…
1Opinion of the CourtBrioken, J.
In February, 1914, D. B. Tidwell was engaged in the mercantile business in the eity'of Birmingham, and shortly previous to the 27th day of that month sold and delivered his stock of merchandise to S. P. Washburn, who paid $1,100 for the stock of goods and some other property. It is claimed that the stock of merchandise was reasonably worth $600. Johnston Bros. Corñpany, a corporation (appellant), was a creditor of Tidwell’s at the time he sold out to Washburn, and on the 26th day of February, 1914, said corporation, acting through its president, George Johnston, sued out an attachment against…
2Cases cited20 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Wright v. . HartNew York Court of Appeals · 1905
- Charges J. Off & Co. v. MoreheadIllinois Supreme Court · 1908
- McKinster v. SagerIndiana Supreme Court · 1904
- Anderson v. AndersonSupreme Court of Alabama · 1879
15 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Harris v. BarberSupreme Court of Alabama · 1939
- Terry v. McCall Co.Supreme Court of Alabama · 1919
- Roberts v. NorrellDistrict Court, N.D. Alabama · 1963
- Ex Parte WashburnSupreme Court of Alabama · 1918
- Sisson v. PruittAlabama Court of Appeals · 1938
6 more not listed; retrieve them via the Exa API.