McCormick & Richardson v. Joseph & Anderson
Supreme Court of Alabama
Statutory Claim Suit, between Vendor and Sub-Purchaser. Appeal from the Circuit Court of Barbour. Tried before the Hon. H. C. Speaks. ■ The appellees in this case, wholesale dealers and manufacturers of flour in the city of Montgomery, instituted a statutory action of detinue on the 14th of October, 1884, against Benjamin J. Chitty, to recover forty-one barrels of floor, which they had sold to one L. Manasses, a retail merchant doing business at Clayton.
Read the full summary
Statutory Claim Suit, between Vendor and Sub-Purchaser. Appeal from the Circuit Court of Barbour. Tried before the Hon. H. C. Speaks. ■ The appellees in this case, wholesale dealers and manufacturers of flour in the city of Montgomery, instituted a statutory action of detinue on the 14th of October, 1884, against Benjamin J. Chitty, to recover forty-one barrels of floor, which they had sold to one L. Manasses, a retail merchant doing business at Clayton. The flour was claimed .by several persons; McCormick & Bichardson, the appellants in this case, claiming eleven barrels, making affidavit,…
1Opinion of the CourtSomerville, J.
-The action is one of detinue, instituted by the appellees, against one Chitty, to recover certain barrels of flour; the appellants intervening, under the statute, as claimants of a portion of the property sued for, which appears to be eleven barrels. The whole case resolves itself into one of an alleged fraudulent purchase of the goods from appellees, Joseph & Anderson, by one Manasses, upon whose title the claimants stand, without any pretence of being purchasers for value, without notice. The plaintiffs base their right of recovery upon the theory, that Manasses was insolvent at the time…
2Cases cited13 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Farmers and Mechanics' Nat. Bank v. . LoganNew York Court of Appeals · 1878
- Pilgreen v. StateSupreme Court of Alabama · 1882
- Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
- Allen, Bethune & Co. v. Maury & Co.Supreme Court of Alabama · 1880
8 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Johnson v. StateSupreme Court of Alabama · 1893
- Continental Oil Co. v. City of Twin FallsIdaho Supreme Court · 1930
- McGuff v. StateSupreme Court of Alabama · 1946
- Stewart v. StateSupreme Court of Alabama · 1885
- J. R. Watkins Co. v. HillSupreme Court of Alabama · 1926
41 more not listed; retrieve them via the Exa API.