Leinkauff & Strauss v. Forcheimer & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. ¥i. E. Clarke. This was a statutory contest, between Forcheimer & Co., judgment creditors of A. J. Harris, who had sued out a garnishment against Lehman, Durr & Co., as the debtors of said Harris; and Leinkauff & Strauss and C. A. Stern & Co., each claiming a part of the fund which the garnishees adr mitted to be in their hands, and which they paid into court.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. ¥i. E. Clarke. This was a statutory contest, between Forcheimer & Co., judgment creditors of A. J. Harris, who had sued out a garnishment against Lehman, Durr & Co., as the debtors of said Harris; and Leinkauff & Strauss and C. A. Stern & Co., each claiming a part of the fund which the garnishees adr mitted to be in their hands, and which they paid into court. The case was submitted to the court on an agreed statement of facts, with leave to either party to except and appeal. It appears from the agreed statement of facts that the…
1Opinion of the CourtStone, C. J.
When Harris and Lehman, Durr & Co. concluded their contract of sale and purchase of the sixty-four bales of cotton, the result was that, prima facie, Lehman, Durr & Co. became debtors to Leinkauff & Strauss in the sum they had promised to pay them, $728. This was part of the purchase-price of the cotton; and the promise, made as part of the contract of purchase, being to pay to Leinkauff & Strauss, the law, in the absence of all other facts, presumes their acquiescence in, and acceptance of it, because it appears to be for their benefit. It clothed them with such right to the money, as that…
2Cases cited3 opinions
- Coleman & Carroll v. Hatcher & BrannonSupreme Court of Alabama · 1884
- Butler v. O'BrienSupreme Court of Alabama · 1843
- Sloan v. FrothinghamSupreme Court of Alabama · 1882
3Cited by3 opinions
- Adler-Goldman Commission Co. v. People's BankSupreme Court of Arkansas · 1898
- Kahn v. PeterSupreme Court of Alabama · 1894
- Pollock & Co. v. Jones & Co.Supreme Court of Alabama · 1893