Boulden v. Estey Organ Co.
Supreme Court of Alabama
Appeal from Birmingham City Court, Jefferson County. Tried before the Hon. H. A. Sharpe. The principal fads, showing the point raised in this case, are sufficiently set forth in the opinion. The piano, the subject matter of the suit, was sold to one Mrs Richards under a contract, which specially stipulated that the title was to be retained in the plaintiff until all the deferred payments, secured by promissory notes, were met and liquidated.
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Appeal from Birmingham City Court, Jefferson County. Tried before the Hon. H. A. Sharpe. The principal fads, showing the point raised in this case, are sufficiently set forth in the opinion. The piano, the subject matter of the suit, was sold to one Mrs Richards under a contract, which specially stipulated that the title was to be retained in the plaintiff until all the deferred payments, secured by promissory notes, were met and liquidated. Before the payment of all the deterred payments, as required under the contract, the original purchaser; Mrs. Richards, sold the piano to the defendant…
1Opinion of the CourtStone, C. J.
This is a statutory action of detinue, brought by the appellee, a foreign corporation, to recover a piano, which was conditionally sold to the vendor of the appellant, defendant in the court below.
The general rule is, that to maintain detinue, or the corresponding statutory action for the recovery of chattels in specie, the plaintiff must be clothed with the legal title, or must have the right to the immediate possession of the goods sued for. Jones v. Anderson, 76 Ala. 427; Gluck v. Cox, 75 Ala. 310; Graham v. Meyers, 74 Ala. 432; Huddleston v. Huey, 73 Ala. 215.
The question of prime…
2Cases cited9 opinions
- City Council v. HughesSupreme Court of Alabama · 1880
- Christian v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1889
- Dudley v. Collier & PinckardSupreme Court of Alabama · 1888
- Jones v. AndersonSupreme Court of Alabama · 1884
- Fairbanks, Morse & Co. v. Eureka Co.Supreme Court of Alabama · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Improve MacHinery Inc. v. Delta Molded Products, Inc.District Court, N.D. Alabama · 1976
- Warren v. LiddellSupreme Court of Alabama · 1895
- Commercial Inv. Trust, Inc. v. EastSupreme Court of Alabama · 1927
- Boles v. Midland Guardian Co.Court of Civil Appeals of Alabama · 1982
- Caldwell v. United States Fidelity & Guaranty Co.Supreme Court of Alabama · 1921
11 more not listed; retrieve them via the Exa API.