Sumner v. Woods
Supreme Court of Alabama
Detinue for a Setving Machine. Appeal from the Circuit Court of Calhoun. Tried before Hon. W. L. Whitlock. On January 22d, 1873, Sumner, the appellant, delivered a sewing machine to J. W, Smith, taking from him four promissory notes, payable at four, eight, twelve and eighteen months after date.
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Detinue for a Setving Machine. Appeal from the Circuit Court of Calhoun. Tried before Hon. W. L. Whitlock. On January 22d, 1873, Sumner, the appellant, delivered a sewing machine to J. W, Smith, taking from him four promissory notes, payable at four, eight, twelve and eighteen months after date. To three of these notes a condition was attached, which was as follows : “ It is agreed between the maker of this note and A. Scunner, that the Wheeler & Wilson Sewing Machine No. 695,688, for the use of which to the maturity thereof this note is given, is and shall remain the property of A. Sumner;…
1Opinion of the CourtSomerville, J.
— In Sumner v. Woods, 52 Ala. 94, the written contract between the appellant, Sumner, and the appellee, Woods, was construed by this court, -when the case was here once before this, on appeal. It was there properly declared to be a conditional sale, and not a mere bailment, or chattel mortgage. The question as to the rights of a bona fide purchaser of the property in suit did not properly arise in that case, and was unnecessarily stated, being a dictum uttered without proper consideration, and entirely opposed not only to the weight of authority, but to a previous decision of this court, in…
2Cases cited10 opinions
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Ketchum v. BrennanMississippi Supreme Court · 1876
- Hart v. CarpenterSupreme Court of Connecticut · 1856
- Bigelow v. HuntleySupreme Court of Vermont · 1836
- Jowers v. BlandySupreme Court of Georgia · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Bingham v. VandegriftSupreme Court of Alabama · 1890
- Weinstein v. FreyerSupreme Court of Alabama · 1890
- Perkins v. SkatesSupreme Court of Alabama · 1929
- Emerson-Brantingham Implement Co. v. ArringtonSupreme Court of Alabama · 1927
17 more not listed; retrieve them via the Exa API.