Barksdale v. Banks
Supreme Court of Alabama
Appeal from Circuit Court, Etowah County; O. A. Steele, Judge. Detinue by W. G. Banks against W. S. Barksdale for tbe recovery of two mules. Judgment for the plaintiff, and the defendant appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911. The check was not sufficiently protested.
Read the full summary
Appeal from Circuit Court, Etowah County; O. A. Steele, Judge. Detinue by W. G. Banks against W. S. Barksdale for tbe recovery of two mules. Judgment for the plaintiff, and the defendant appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911. The check was not sufficiently protested. Section 5101, Code 1907. Barksdale was an innocent purchaser, and the court erred in giving the affirmative charge for the plaintiff. 44 South. 201; 167 Ala. 639, 52 South. 401; 117 Ala. 285, 23 South. 6; 108 Ala. 629, 18 South. 688. The check should not be considered, as it is not properly…
1Opinion of the CourtGardner, J.
Appellee was en .route from Georgia to Athens, Ala. He had with him two mules which he. wished to sell, and to that end, upon reaching Attalla, Ala., applied to some men in charge of a livery stable at that place. They did not care to purchase, but stated they would find him a purchaser and introduced one Frost in the name of Williams. The price was agreed, and that the sale was to be for cash is without dispute. A check was given in the name of Williams, payable to appellee, on the bank of Collinsville. Appellee expressed some doubt, and required of those present recommendations as to the…
2Cases cited4 opinions
- Johnson v. IankovetzOregon Supreme Court · 1910
- Moore & Co. v. RobinsonSupreme Court of Alabama · 1878
- Harmon v. Goetter, Weil & Co.Supreme Court of Alabama · 1888
- Hickey v. McDonald Bros.Supreme Court of Alabama · 1907
3Cited by14 opinions
- J. L. McClure Motor Co. v. McClainAlabama Court of Appeals · 1949
- Handley Motor Co. v. WoodSupreme Court of North Carolina · 1953
- Moore v. LongSupreme Court of Alabama · 1947
- McRae v. BandySupreme Court of Alabama · 1959
- Wolfe v. SmithCourt of Appeals of Georgia · 1949
9 more not listed; retrieve them via the Exa API.