Winter-Loeb Grocery Co. v. Mutual Warehouse Co.
Alabama Court of Appeals
Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Action by Winter-Loeb Grocery Company against the Mutual Warehouse Company, in trover and conversion. Judgment for defendant and plaintiff appeals. A prima facie case was made out by appellant. — Bolling v. Kirby, 90 Ala. 215; Henderson v. Foy, 96 Ala. 205. The question presented was whether or not, an estoppel was raised by the testimony of Mr. McNeel, as to a conversation had with him by Winter.
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Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Action by Winter-Loeb Grocery Company against the Mutual Warehouse Company, in trover and conversion. Judgment for defendant and plaintiff appeals. A prima facie case was made out by appellant. — Bolling v. Kirby, 90 Ala. 215; Henderson v. Foy, 96 Ala. 205. The question presented was whether or not, an estoppel was raised by the testimony of Mr. McNeel, as to a conversation had with him by Winter. The burden, of course, was on the defendant. — Hall & Farley v. Henderson, 126 Ala. 49. Under the evidence, the court, was in…
1Opinion of the CourtPelham, J.
The three assignments of error in this ■case go to the conclusions of the trial judge on the evidence, and in rendering a judgment against the appellant and in favor of appellee in the court below. The suit is an action of trover, which was instituted in the trial court by the appellant against the appellee and was tried before the court without a jury, on a plea of the general issue and a special plea of estoppel. The trial court found from the facts adduced upon the trial that the plaintiff: was estopped to claim the property as against the defendant and accordingly rendered judgment for…
2Cases cited13 opinions
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- McIntyre Lumber & Export Co. v. Jackson Lumber Co.Supreme Court of Alabama · 1910
- Chapman v. HamiltonSupreme Court of Alabama · 1851
- City of Ensley v. SmithSupreme Court of Alabama · 1910
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- People v. SteffnerCalifornia Court of Appeal · 1924
- Seaman v. Big Horn Canal Ass'nWyoming Supreme Court · 1923
- Robinson v. StateAlabama Court of Appeals · 1916
- Stephenson v. Jebeles & Colias Confectionery Co.Alabama Court of Appeals · 1914
- Weil v. CenterfitSupreme Court of Alabama · 1918
11 more not listed; retrieve them via the Exa API.