Hoyt & Bros. v. Turner & Oates
Supreme Court of Alabama
Appeal from City Court of Mobile. Tried before Hon. O. J. Semmes. Appellant, Hoyt & Bros. Manufacturing Company, an Illinois corporation, brought an action against Turner & Oates for tlie alleged conversion of certain machinery, bought by Turner & Oates Horn- one Lyles, the original purchaser of said machinery from the plaintiff. The ground of action and the general nature of the evidence appear in the opinion.
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Appeal from City Court of Mobile. Tried before Hon. O. J. Semmes. Appellant, Hoyt & Bros. Manufacturing Company, an Illinois corporation, brought an action against Turner & Oates for tlie alleged conversion of certain machinery, bought by Turner & Oates Horn- one Lyles, the original purchaser of said machinery from the plaintiff. The ground of action and the general nature of the evidence appear in the opinion. The following charges referred to in the opinion are herein set out: At the request of the defendants, the court gave the following charges, to the giving of which, the plaintiff…
1Opinion of the CourtSomeryille, J.
The action is one of trover brought against the sub-purchasers from an alleged fraudulent vendee, founded on the sale of certain machinery by one Lyles to the defendants, Turner & Oates, which is claimed by the plaintiff.
The first charge given at the request of defendants, to which exception is taken, instructed the jury to find for the defendants if they believed from the evidence the defendants were “innocent purchasers” of the property, and that they purchased for a valuable consideration. We need not decide whether the words “innocent purchaser” are as comprehensive in meaning as the…
2Cases cited8 opinions
- Jones v. AndersonSupreme Court of Alabama · 1886
- Spira v. Hornthall, Whitehead, Weissman & Co.Supreme Court of Alabama · 1884
- LeGrand v. Eufaula National BankSupreme Court of Alabama · 1886
- Shealy v. EdwardsSupreme Court of Alabama · 1883
- Kyle v. WardSupreme Court of Alabama · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rabitte v. Alabama Great Southern Ry. Co.Supreme Court of Alabama · 1908
- Stix & Co. v. KeithSupreme Court of Alabama · 1888
- Wilcox v. San Jose Fruit Packing Co.Supreme Court of Alabama · 1896
- Ditton v. PurcellNorth Dakota Supreme Court · 1911
- Peterson & Co. v. Steiner Bros.Supreme Court of Alabama · 1895
3 more not listed; retrieve them via the Exa API.