Eaton v. State
Alabama Court of Appeals
Appeal from Circuit Court, Chilton County; Leon McCord, Judge. Jim Eaton was convicted of false pretense, and he appeals.
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Appeal from Circuit Court, Chilton County; Leon McCord, Judge. Jim Eaton was convicted of false pretense, and he appeals. The indictment charges that Jim Eaton did falsely pretend to George Hodgens, with intent to defraud, that he had ou deposit in the Union State Bank at Jemison, Ala., money to the amount of $51.98, and by means of such false pretense obtain from said George Hodgens groceries and merchandise, a description of which is to the grand jury unknown, to the value of $51.98. The evidence tended to show that defendant came to Hod-gens and bought produce, eggs, butter, and chickens,…
1Opinion of the CourtBrown, P. J.
[1] Where there is a sale of goods to be paid for in cash on delivery, payment and delivery are concurrent acts, and payment is a condition precedent to passing title to the vendee. And if the goods are put into tlie possession of the buyer on the understanding or agreement that he will make immediate payment, and he fails or refuses to do so, the title does not pass, and the seller may reclaim the goods. Shines v. Steiner, 76 Ala. 458; Harmon v. Goetter, 87 Ala. 325, 6 South. 93; Drake v. Scott, 136 Ala. 261, 33 South. 873, 96 Am. St. Rep. 25; 11 Enc. Dig.
We approve the following utterances…
2Cases cited18 opinions
- State ex rel. Saunders v. KohnkeSupreme Court of Louisiana · 1903
- State v. HammelsyOregon Supreme Court · 1908
- Commonwealth v. MulreyMassachusetts Supreme Judicial Court · 1898
- State v. FoxtonSupreme Court of Iowa · 1914
- Woodbury v. StateSupreme Court of Alabama · 1881
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3Cited by17 opinions
- McMurphy v. StateCourt of Criminal Appeals of Alabama · 1984
- Holloway v. StateAlabama Court of Appeals · 1952
- Stone v. StateCourt of Criminal Appeals of Alabama · 1975
- SHOALS NAT. BANK OF FLORENCE v. Home Indemnity Co.District Court, N.D. Alabama · 1974
- Spivey v. StateCourt of Criminal Appeals of Alabama · 1975
12 more not listed; retrieve them via the Exa API.