Street v. Selig
Supreme Court of Alabama
Appeal from the Chancery Court of Talladega. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 8th June, 1889, by J. Selig, against Merit Street, Hockstadter Brothers, merchants doing business as partners in New York City,' and Knox & Bowie, attorneys at law doing business as partners; and sought (1) to establish the complainant’s rights as the owner of a judgment against Street, which had been recovered, by mistake, in the name of Cohen & Selig,…
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Appeal from the Chancery Court of Talladega. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 8th June, 1889, by J. Selig, against Merit Street, Hockstadter Brothers, merchants doing business as partners in New York City,' and Knox & Bowie, attorneys at law doing business as partners; and sought (1) to establish the complainant’s rights as the owner of a judgment against Street, which had been recovered, by mistake, in the name of Cohen & Selig, after complainant had become the owner of the claim by assignment ; (2) to enjoin a garnishment proceeding by…
1Opinion of the CourtMcCLELLAN, J.
The case presented by the bill is this: Merit Street was indebted to Cohen & Selig in the sum of about eight hundred dollars. That firm failed, and made a general assignment, among the assets assigned being their claim against Street. This claim was transferred by the assignee to J. Selig, for value. J. Selig put the account in the hands of Bowden & Knox, attorneys, for collection. By a mistake of the clerk of J. Selig, the statement of account sent to the attorneys was on a bill-head of Cohen & Selig, and, supposing from this fact that the claim belonged to that firm, the attorneys…
2Cases cited2 opinions
- Dothard v. DensonSupreme Court of Alabama · 1882
- Waddell v. Lanier & HopkinsSupreme Court of Alabama · 1875
3Cited by2 opinions
- Pucket v. PucketSupreme Court of Alabama · 1911
- Milner & Kettig Co. v. DeLoach Mill Manufacturing Co.Supreme Court of Alabama · 1903