Fairbanks, Morse & Co. v. Eureka Co.
Supreme Court of Alabama
Detinue for a “ Track Scale ” by Vendor after conditional sale. Appeal from Shelby Circuit Court. Tried before Hon. W. L. Whitlock. This was au action of detinue brought by Fairbanks, Morse & Co., against the Eureka Company, to recover a thirty ton “ Track Scale.” On the trial, it was shown that one C. O, Godfrey sent the following order to the plaintiffs on the day of its date, viz: “Town of Helena, County of Shelby,'State of Alabama. Messrs.
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Detinue for a “ Track Scale ” by Vendor after conditional sale. Appeal from Shelby Circuit Court. Tried before Hon. W. L. Whitlock. This was au action of detinue brought by Fairbanks, Morse & Co., against the Eureka Company, to recover a thirty ton “ Track Scale.” On the trial, it was shown that one C. O, Godfrey sent the following order to the plaintiffs on the day of its date, viz: “Town of Helena, County of Shelby,'State of Alabama. Messrs. Fairbanks, Morse & Co. — Please send me from Nashville one thirty ton track scale, thirty-three feet platform, marked to O. Ó. Godfrey, Helena, for…
1Opinion of the CourtBrrjkell, C. J.
— In Sumner v. Woods, 52 Ala. 94, it was decided, that a sale of a chattel, the vendor parting with possession, -upon the condition that the title should not pass until the purchase-money was paid, was valid between the parties, but, as to bona fide purchasers from the vendor, he would be deemed the true owner, and they would acquire a title which would prevail over that ©f the vendor, though the condition was never performed. The reason given for the decision was, that “ the great mark of ownership of personal property is possession ; and when a contract is made, by which it is intended that…
2Cases cited8 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Telegraph Co. v. DavenportSupreme Court of the United States · 1878
- Forbes v. MarshSupreme Court of Connecticut · 1843
- Bros. v. Mobile & Ohio R. R.Supreme Court of Alabama · 1877
- Blackman v. Lehman, Durr & Co.Supreme Court of Alabama · 1879
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3Cited by18 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- American Process Co. v. Florida White Pressed Brick Co.Supreme Court of Florida · 1908
- Glass v. Continental Guaranty Corp.Supreme Court of Florida · 1921
- Bingham v. VandegriftSupreme Court of Alabama · 1890
- Warren v. LiddellSupreme Court of Alabama · 1895
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