Wilcox v. San Jose Fruit Packing Co.
Supreme Court of Alabama
Action of Detinue. Appeal from the Circuit Court of Montgomery. The facts of the case are sufficiently stated in the opinion. 1. The cause was submitted upon an agreed statement of facts signed by the attorneys for the plaintiff and the defendant, and it was upon this statement that the cause was submitted to the court.
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Action of Detinue. Appeal from the Circuit Court of Montgomery. The facts of the case are sufficiently stated in the opinion. 1. The cause was submitted upon an agreed statement of facts signed by the attorneys for the plaintiff and the defendant, and it was upon this statement that the cause was submitted to the court. Notwithstanding this fact, the court, against the objection of the defendant below, after the cause was argued and submitted, allowed the attorneys for the plaintiff to introduce in evidence and tender the acceptance spoken of in the abstract. This was an amendment to an…
1Opinion of the CourtColeman, J.
Birch & Crawford purchased from the Fruit Company (appellee) a car load of fruit, shipped from California, to the purchaser in Montgomery. Birch & Crawford failed in business and assigned. The vendor, the plaintiff, instituted the present action of detinue for the car load of fruit against appellant Wilcox, the assignee. The case was submitted to the court for decision without a jury upon the following agreed statement of facts:
‘ ‘That Birch & Crawford were, at the time of the purchase of the goods sued for, insolvent or in failing circumstances. That at that time Birch & Crawford had no…
2Cases cited5 opinions
- Jones v. AndersonSupreme Court of Alabama · 1886
- Young v. Arntze & Bros.Supreme Court of Alabama · 1888
- Jones v. AndersonSupreme Court of Alabama · 1884
- Hoyt & Bros. v. Turner & OatesSupreme Court of Alabama · 1887
- Walker v. Louisville & Nashville RailroadSupreme Court of Alabama · 1895
3Cited by7 opinions
- Wellden v. WittSupreme Court of Alabama · 1905
- Rabitte v. Alabama Great Southern Ry. Co.Supreme Court of Alabama · 1908
- Ryan v. Goodrich & CrinkleySupreme Court of Alabama · 1917
- American Sales Book Co. v. Pope & Co.Alabama Court of Appeals · 1913
- Foss-Hughes Co. v. NormanSuperior Court of Delaware · 1923
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