Moore v. Monroe Refrigerator Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was an action of trover brought by the appellee against the appellant, John J. Moore, to recover damages for the alleged conversion of a refrigerator. The defendant pleaded the general issue and the special plea in which he set up that, prior to the institution of the suit, he had sent to the plaintiif, in settlement of his account, for the purchase1, of the refrigerator sued for, his note.
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Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was an action of trover brought by the appellee against the appellant, John J. Moore, to recover damages for the alleged conversion of a refrigerator. The defendant pleaded the general issue and the special plea in which he set up that, prior to the institution of the suit, he had sent to the plaintiif, in settlement of his account, for the purchase1, of the refrigerator sued for, his note. It-was shown by the evidence that after some correspondence between the plaintiff and the defend*, ant 'and in response…
1Opinion of the CourtMcCLELLAN, C. J.
This action is prosecuted by A. N. Stearns and IT. H. Giesy, doing business, under the name of Monroe Refrigerator Company, against Moore. The complaint contains four counts; each in the Code form for trover, and each having reference to the same property, a refrigerator, but laying severally different dates of conversion, If concludes *623with these words: -“And plaintiffs further aver that before1 the institution of tills suit plaintiffs demanded possession of said refrigerator but defendant. refused to deliver possession to plaintiff's, hence this suit,” In the view we take of the case as now…
2Cases cited4 opinions
- Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
- Davis & Son v. HurtSupreme Court of Alabama · 1896
- Central Railroad & Banking Co. v. LampleySupreme Court of Alabama · 1884
- Strauss & Sons v. SchwalbSupreme Court of Alabama · 1894
3Cited by13 opinions
- Westerlund v. Black Bear Mining Co.Court of Appeals for the Eighth Circuit · 1913
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Brandon v. Progress Distilling Co.Supreme Court of Alabama · 1910
- Shriner v. MeyerSupreme Court of Alabama · 1911
- Woods v. RoseSupreme Court of Alabama · 1902
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