Thomason v. Lewis
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. This was an action of trover, brought by E. M. Lewis, for the use of Matthews & Whiteside, against R. P. Thomason and the Thomason Grocery Company; and sought to recover for the wrongful conversion of an engine and boiler. The said engine and boiler had been sold by E..
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Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. This was an action of trover, brought by E. M. Lewis, for the use of Matthews & Whiteside, against R. P. Thomason and the Thomason Grocery Company; and sought to recover for the wrongful conversion of an engine and boiler. The said engine and boiler had been sold by E.. M. Lewis to Ellis & Strong, who gave notes for the purchase price, the title to the property being retained by said Lewis until the notes were paid in full. The complaint averred that the notes were duly transferred and assigned to Matthews &…
1Opinion of the CourtColeman, J.
The action is in trover and was brought by E. M. Lewis for the use of Matthews & Whiteside. The defendants interposed a demurrer to the complaint, and the demurrer having been overruled, pleaded substantially the following facts by special pleas in defense of the action : E. M. Lewis sold conditionally to EÍlis & Strong the personal property the subject of the present litigation; Ellis & Strong mortgaged, the same, and upon its foreclosure the appellants, became the purchaser. Ellis & Strong . executed their several promissory notes to E. M. Lewis for the purchase money, the vendor retaining…
2Cases cited5 opinions
- Lehman, Durr & Co. v. Van Winkle & Co.Supreme Court of Alabama · 1890
- Weinstein v. FreyerSupreme Court of Alabama · 1890
- Tanner & Delaney Engine Co. v. HallSupreme Court of Alabama · 1889
- Dowdell v. Empire Furniture & Lumber Co.Supreme Court of Alabama · 1887
- Montgomery Iron Works v. SmithSupreme Court of Alabama · 1893
3Cited by11 opinions
- Alexander v. Mobile Auto Co.Supreme Court of Alabama · 1917
- Mobile Towing & Wrecking Co. v. HartwellSupreme Court of Alabama · 1922
- Turk v. CarnahanIndiana Court of Appeals · 1900
- Hickman v. RichburgSupreme Court of Alabama · 1898
- Ensley Lumber Co. v. LewisSupreme Court of Alabama · 1898
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