Jesse French Piano & Organ Co. v. Bradley
Supreme Court of Alabama
Appeal from Circuit Court of Butler. Tried before the I-Iob. J. C. Richardson. Tliis was a statutory action of detinue brought by the appellant against the appellee to recover possession of a piano.
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Appeal from Circuit Court of Butler. Tried before the I-Iob. J. C. Richardson. Tliis was a statutory action of detinue brought by the appellant against the appellee to recover possession of a piano. The defendant pleaded non detinet, and the following special plea: “And for further answer to the complaint, defendant says that he purchased from the plaintiff the piano sued for, the plaintiff as a part of the contract of purchase reserving title thereto on or about the 30th day of March, 1900; that said contract of purchase was made with one T. A. Waller, as the agent of the plaintiff; that at…
1Opinion of the CourtTyson, J.
Action of detinue for a piano.
It is elementary that the gist of this action is -the wrongful detention. It is also elementary that the plaintiff must have the right to the possession of the chattel, at the commencement of the suit in order to recover.
The defense invoked by the special plea filed by defendant challenges the plaintiff’s right to the possession of the piano. It is true it shows a title in plaintiff to the piano, but it asserts the right of defendant to retain the possession of it until the money paid, and the organ delivered by defendant to plaintiff on account of the purchase…
2Cases cited1 opinion
- Jones v. AndersonSupreme Court of Alabama · 1886
3Cited by13 opinions
- Continental Jewelry Co. v. Pugh Bros.Supreme Court of Alabama · 1910
- Bruner v. Geneva County Forestry Dept.Supreme Court of Alabama · 2003
- Roquemore v. Vulcan Iron Works Co.Supreme Court of Alabama · 1907
- McCarty-greene Motor Co. v. McCluneySupreme Court of Alabama · 1929
- MacKey v. Hall Auto Co.Alabama Court of Appeals · 1937
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