Seymour & Co. v. Farquhar
Supreme Court of Alabama
Statutory Detinue for Steam Engine and Mill Machinery. Appear from the Circuit Court of Fayette. Tried before the Hon. S. H. Sprott. This action was brought by A. B. Farquhar against W. A. Seymour & Co. as a partnership, and the individual partners composing -the firm, to recover a steam engine and certain mill machinery, which the plaintiff had sold to them, and for which they had never paid.
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Statutory Detinue for Steam Engine and Mill Machinery. Appear from the Circuit Court of Fayette. Tried before the Hon. S. H. Sprott. This action was brought by A. B. Farquhar against W. A. Seymour & Co. as a partnership, and the individual partners composing -the firm, to recover a steam engine and certain mill machinery, which the plaintiff had sold to them, and for which they had never paid. The opinion of this court renders unnecessary a statement of the particular facts and rulings.
1Opinion of the CourtMcCLELLAN, J.
— The evidence is free from conilict, that the appellants — defendants below — bought tlie property sued for from the plaintiff, and in addition to $100, which was to be, but has never been, paid in cash, at the time executed to the plaintiff several notes for the balance of the purchase-money, maturing respectively at three, six, nine and twelve months. On the back of each of these notes, at the time of signature, was the following matter in print: “it is hereby expressly agreed and understood by and between the holder and maker of this note, that the title and ownership of the machinery,…
2Cases cited7 opinions
- Calhoun v. Hannan & MichaelSupreme Court of Alabama · 1888
- Pritchett v. Pollock & Co.Supreme Court of Alabama · 1886
- Tuskaloosa Cotton-Seed Oil Co. v. PerrySupreme Court of Alabama · 1887
- Stephens v. Regenstein & Co.Supreme Court of Alabama · 1889
- Farmers' Bank v. EwingCourt of Appeals of Kentucky · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Bienville Water Supply Co. v. City of MobileSupreme Court of Alabama · 1899
- Glass v. Meyer, Son & Co.Supreme Court of Alabama · 1899
- Wellden v. WittSupreme Court of Alabama · 1905
- Bowling v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1900
- Jasper Trust Co. v. K. C., M. & B. R. R.Supreme Court of Alabama · 1892
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