Minge & Co. v. Barrett Bros. Shipping Co.
Alabama Court of Appeals
Appeal from Mobile Law & Equity Court. Heard before Hon. Saffold Berney. Action by C. H. Minge & Co. against Barrett Brothers Shipping Company in detinue for a barge. Judgment for defendarit, and plaintiff appeals.
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Appeal from Mobile Law & Equity Court. Heard before Hon. Saffold Berney. Action by C. H. Minge & Co. against Barrett Brothers Shipping Company in detinue for a barge. Judgment for defendarit, and plaintiff appeals. The following are the pleas referred to in the opinion: (2) Defendant, for further defense to the action, says that the only claim that plaintiff has made to defendant in regard to possession of the barge is under an agreement made on or about the 14th day of March, 1912, under which plaintiffs accepted a draft in favor of defendant for $500, and defendants agreed to allow said…
1Opinion of the CourtWalker, P. J.
The defendant’s second and third pleas plainly make it appear that the only claim the plaintiffs (appellants here) have to the personal property sued for rests upon the existence of a contract between them and the defendant, whereby the latter agreed to forfeit that property, which belonged to it and remained in its possession, if it did not at a specified time retire a described draft drawn by it and accepted by the plaintiffs. The contract described in this plea was not a legal mortgage of the chattel, as it did not purport to transfer the legal title. It was not a pledge, as the defendant,…
2Cases cited13 opinions
- Eakin v. ScottTexas Supreme Court · 1888
- Jackson, Morris & Co. v. RutherfordSupreme Court of Alabama · 1882
- Alabama State Bank v. BarnesSupreme Court of Alabama · 1886
- Grant v. SteinerSupreme Court of Alabama · 1880
- Sims v. CanfieldSupreme Court of Alabama · 1841
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hyatt v. ReynoldsSupreme Court of Alabama · 1944
- Boswell v. BetheaSupreme Court of Alabama · 1942