Strauss & Sons v. Schwalb
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was an action in trover brought by L. Strauss & Sons against Mrs. Fannie Schwab and Leo Schwab, her husband, for goods aggregating in value $319.39. The case was tried by the judge without a jury, according to the statute in such cases made and provided.
Read the full summary
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was an action in trover brought by L. Strauss & Sons against Mrs. Fannie Schwab and Leo Schwab, her husband, for goods aggregating in value $319.39. The case was tried by the judge without a jury, according to the statute in such cases made and provided. The undisputed facts are that Mrs. Fannie Sch.wab was a married woman on and prior to the 2d of October, 1891, and at the time of the trial of the cause, and is the wife of her co-defendant, Leo Schwab; that Mrs. Fannie Schwab was engaged in the retail…
1Opinion of the CourtMcCLELLAN, J.
This is an action of trover for the conversion of goods sold by plaintiffs, Strauss & Sons, to Fannie Schwab. The contract of sale was void for that Fannie Schwab was a married woman at the time of the transaction and her husband did not assent to, or concur in writing therein, as provided in section 2346 of the Code, nor had he expressed in writing and filed in the office of the judge of probate his consent to her engaging in 'the business in the course of which the goods were ordered by and delivered to her, as provded. in section 2350 of the Code.
*672We do not doubt that an action of trover…
2Cases cited6 opinions
- Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
- Dodson v. HarrisSupreme Court of Alabama · 1846
- Haas v. TaylorSupreme Court of Alabama · 1886
- Morris v. HallSupreme Court of Alabama · 1868
- Glaze v. M'MillionSupreme Court of Alabama · 1838
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Clay County Abstract Co. v. McKaySupreme Court of Alabama · 1933
- Gamewell Fire Alarm Telegraph Co. v. City of Los AngelesCalifornia Court of Appeal · 1919
- Barnewell v. StephensSupreme Court of Alabama · 1904
- Southern Ry. Co. v. HarrisSupreme Court of Alabama · 1918
- King v. FranklinSupreme Court of Alabama · 1902
9 more not listed; retrieve them via the Exa API.