Ellis v. Allen
Supreme Court of Alabama
Appeal from the Circuit Court of Conecuh. Tried before the lion. John P. Hubbard. This action was brought by J. H. Allen, J. O. Bush and T. IT.
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Appeal from the Circuit Court of Conecuh. Tried before the lion. John P. Hubbard. This action was brought by J. H. Allen, J. O. Bush and T. IT. West, as partners under the firm name of Allen, Bush & West, against James E. Ellis, the sheriff of Conecuh county, and the sureties on his official bond, in which the plaintiffs seek to recover damages of the defendants for the alleged wrongful conduct of the sheriff in levying an attachment against Cooper & Herrington on goods belonging to plaintiffs. The record discloses that said Cooper & Herrington, merchants in Evergreen, Ala,., were largely…
1Opinion of the CourtClopton, J.
The material question in this case relates to the validity of a sale of the stock of goods and store fixtures and furniture of the partnership of Cooper & Herrington. Allen, Bush & West, who are the plaintiffs, were merchants in Mobile and creditors of Cooper & Herrington. On a visit to Mobile, to which place he went for the avowed purpose of procuring money to pay creditors, who were pressing the payment of their claims, Herrington, on demand of the plaintiffs, sold them the entire stock of merchandise in part payment of their debt, without having' consulted the- other partner, who was then…
2Cases cited5 opinions
- Halstead v. ShepardSupreme Court of Alabama · 1853
- Hamilton's Adm'r v. BlackwellSupreme Court of Alabama · 1877
- Leavitt v. PeckSupreme Court of Connecticut · 1819
- Cullum v. BloodgoodSupreme Court of Alabama · 1848
- Hyrschfelder v. KeyserSupreme Court of Alabama · 1877
3Cited by6 opinions
- Bank of Bellbuckle v. MasonTennessee Supreme Court · 1917
- Adams v. Thornton & WellbornSupreme Court of Alabama · 1886
- Reed v. GouldMichigan Supreme Court · 1895
- Lichenstein v. MurphreeAlabama Court of Appeals · 1913
- Franklin Bank v. Williams, Court of Common Pleas of Ohio, Hamilton County1904
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