Ramsey v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This was a statutory action of detinue, brought by tbe appellant, W. A. Bamsey, against Mollie V. Smith, to recover the possession of two pianos. The basis of the plaintiff’s claim and the defense set up by the special pleas and the facts of the case are sufficiently shown in the opinion.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This was a statutory action of detinue, brought by tbe appellant, W. A. Bamsey, against Mollie V. Smith, to recover the possession of two pianos. The basis of the plaintiff’s claim and the defense set up by the special pleas and the facts of the case are sufficiently shown in the opinion. During the cross examination of the witness, John Overby, lie testified that he was in the employ of Junger & Gass Company and made the sale of the pianos to the defendant, and after he had testified on cross examination that…
1Opinion of the CourtDowdell, J.
yThe Junger & Gass Company, a corporation, sold to the defendant two pianos, one a Ludwig and the other a Harrington, on the installment plan, retaining the title in the seller. Some time after the sale, the Junger & Gass Company, for a valuable consideration transferred and assigned the contract to the plaintiff Bamsey. Subsequently, the defendant having made default in payment, under the stipulations in the contract resenting title to the property and right to possession, in case of default in payment, the plaintiff brought this suit in detinue for the pianos. |
The defendant for answer to…
2Cases cited1 opinion
- Wooster v. StateSupreme Court of Alabama · 1876
3Cited by8 opinions
- McPhearson v. StateSupreme Court of Alabama · 1960
- Carlisle v. State Ex Rel. TrammellSupreme Court of Alabama · 1964
- Mid-State Homes, Inc. v. LedfordSupreme Court of Alabama · 1969
- Thomas v. StateCourt of Criminal Appeals of Oklahoma · 1932
- State Ex Rel. Davis v. BrownSupreme Court of Alabama · 1924
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