Fry v. Mobile Savings Bank
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Tried before Hon. "Wm. E. ClaeKE. As originally brought, this was an action of trover by the appellant against the appellee for the alleged conversion of 252 bundles of cotton ties. After the remandment of the cause on former appeal (Mobile Savings JBtwik v. Fry, 69 Ala. 348), a count in case was added, the nature of which is sufficiently indicated in the opinion.
Read the full summary
Appeal from Mobile Circuit Court. Tried before Hon. "Wm. E. ClaeKE. As originally brought, this was an action of trover by the appellant against the appellee for the alleged conversion of 252 bundles of cotton ties. After the remandment of the cause on former appeal (Mobile Savings JBtwik v. Fry, 69 Ala. 348), a count in case was added, the nature of which is sufficiently indicated in the opinion. The court having overruled a demurrer interposed to this count, pleas were filed thereto, putting in issue the plaintiff’s title to the ties sued for. The trial resulted in a verdict and judgment…
1Opinion of the CourtStone, J.
There can be no question, under the testimony most favorable to appellants, that the contract by which Fry & Co. purchased one thousand bundles of cotton ties from Cunningham, was executory. The testimony of Fry and Cunningham prove that, in unmistakable terms. Save as they were delivered, on Fry’s order, in part performance of the contract, they never were delivered, or separated from the bulk, or set apart for Fry. Even when the savings bank, through its president, made the purchase, the two hundred and fifty-two bundles, constituting the unpaid balance due Fry, lay undistinguished in a…
2Cases cited2 opinions
- Mobile Life Insurance v. RandallSupreme Court of Alabama · 1883
- Mobile Savings Bank v. FrySupreme Court of Alabama · 1881
3Cited by10 opinions
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Bateman v. Kramer Lumber Co.Supreme Court of North Carolina · 1911
- Cook & Laurie Contracting Co. v. BellSupreme Court of Alabama · 1912
- Cherry v. Canal Co.Supreme Court of North Carolina · 1906
- Ewbank v. . LymanSupreme Court of North Carolina · 1915
5 more not listed; retrieve them via the Exa API.