LeGrand v. Eufaula National Bank
Supreme Court of Alabama
Appeal from Circuit Court of Barbour. Tried before Hon. John M. Chilton. This was an action of trover brought by LeGrand & Hall, original vendors, against the Eufaula National Bank and Robert Moulthrop, sub-purchasers from Stow and Company, original vendee, for the conversion of one hundred barrels of flour.
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Appeal from Circuit Court of Barbour. Tried before Hon. John M. Chilton. This was an action of trover brought by LeGrand & Hall, original vendors, against the Eufaula National Bank and Robert Moulthrop, sub-purchasers from Stow and Company, original vendee, for the conversion of one hundred barrels of flour. There was evidence tending to show that on the 10th day of February, 1885, plaintiffs sold “ Stow and Company,” a mercantile house doing business in Eufaula, a bill of goods consisting wholly of flour, on a credit of sixty days; that “ Stow and Company ” was Raburn S. Stow, a married…
1Opinion of the CourtSomebyille, J.
— Under the rule adopted in this State, three facts must concur in order to justify a vendor of goods in disaffirming a sale of them as fraudulent, so as to authorize a recovery in detinue or trover against the first purchaser, or any sub-purchaser having notice of the fraud.
1. The first purchaser must have been, at the time of the sale, insolvent, or in failing circumstances.
2. He must at the time have had either a preconceived design not to pay for the goods, or else, what is deemed equivalent, no reasonable expectation of being able to pay for them.
3. There must have been on the part of…
2Cases cited10 opinions
- Nichols v. . PinnerNew York Court of Appeals · 1858
- McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Caldwell v. SmithSupreme Court of Alabama · 1884
- Spira v. Hornthall, Whitehead, Weissman & Co.Supreme Court of Alabama · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Mazer v. BrownSupreme Court of Alabama · 1953
- Reed Lumber Co. v. LewisSupreme Court of Alabama · 1891
- Woolsey & Sons v. Jones & Bro.Supreme Court of Alabama · 1887
- Birmingham Loan & Auction Co. v. First National BankSupreme Court of Alabama · 1893
- Maxwell v. Brown Shoe Co.Supreme Court of Alabama · 1896
22 more not listed; retrieve them via the Exa API.