Starr Piano Co. v. Baker
Alabama Court of Appeals
Appeal from Pike Circuit Court. Heard, before Hon. H. A. Pearce. Detinue by the Starr Piano Company against D. A. Baker. Judgment for defendant and plaintiff appeals.
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Appeal from Pike Circuit Court. Heard, before Hon. H. A. Pearce. Detinue by the Starr Piano Company against D. A. Baker. Judgment for defendant and plaintiff appeals. The court erred in refusing to allow the amendment. — Sec. 5367, Code 1907. The affirmative charge should never be given where there is a conflict in the evidence, or where unfavorable inferences can be drawn. — L. & N. v. Lancaster, 121 Ala. 471; Holmes v. B. R. L. & P. Co., 140 Ala. 208. The question of good faith was under the testimony in this case, a question for the jury, as was the question of the amount of the debt owing…
1Opinion of the CourtThomas, J.
Section 3394 of the Code, changing the rule declared in Fairbanks v. Eureka Co., 67 Ala. 109, makes contracts for the conditional sales of personal property void as to the condition against purchasers for a valuable consideration, mortgagees, and judgment creditors without notice, unless such contract is in *452writing- and recorded as in the section prescribed. The present suit is an action of detinue in which appellant (plaintiff below) claims title to the property, one piano, under such a contract, which, while in writing, does not appear from the record here to have ever been recorded. It was…
2Cases cited27 opinions
- Nunez v. DautelSupreme Court of the United States · 1874
- Craft v. RussellSupreme Court of Alabama · 1880
- Barton v. BartonSupreme Court of Alabama · 1883
- American Pig Iron Storage Warrant Co. v. GermanSupreme Court of Alabama · 1899
- Barnett v. Warren & Co.Supreme Court of Alabama · 1886
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3Cited by7 opinions
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- Russell v. RussellSupreme Court of Alabama · 1960
- Larkins v. HowardSupreme Court of Alabama · 1949
- City Nat. Bank v. NelsonSupreme Court of Alabama · 1928
- Bennett v. SennSupreme Court of Florida · 1932
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