Stephens v. Regenstein & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This was a trial of the right of property in and to a stock of goods, between J. Regenstein & Co., plaintiffs in attachment against T. A. Stephens, andB. F. Stephens as claimant.
Read the full summary
Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This was a trial of the right of property in and to a stock of goods, between J. Regenstein & Co., plaintiffs in attachment against T. A. Stephens, andB. F. Stephens as claimant. The plaintiffs’ attachment was sued out on the 1st November, 1887, and was levied on the same day on the stock of goods, which was in the house where said T. A. Stephens had been carrying on a millinery business for several years. B. F. Stephens was a brother of said T. A. Stephens, and claimed the goods under a purchase for cash a few days…
1Opinion of the CourtStone, C. J.
The bill of exceptions in this record affirms that it contains all the evidence. On the question which we consider decisive of the case, the testimony comes from the claimant — appellant here — and it is free from conflict. One of the terms of the sale from T. A. Stephens, the debtor, to B. E. Stephens, the claimant, was, that the business should be continued in the name of said B. E., the purchaser, and that T. A. Stephens, the failing debtor, should be placed in control and management of it at a monthlv salary of forty dollars. B. E. Stephens, the purchaser, knew his brother T. A. Stephens…
2Cases cited2 opinions
- Pritchett v. Pollock & Co.Supreme Court of Alabama · 1886
- McDowell v. SteeleSupreme Court of Alabama · 1888
3Cited by15 opinions
- Waldman v. North British & Mercantile InsuranceSupreme Court of Alabama · 1890
- Seymour & Co. v. FarquharSupreme Court of Alabama · 1890
- Crisp v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1932
- Powell v. Henry & Co.Supreme Court of Alabama · 1892
- Harmon v. McRaeSupreme Court of Alabama · 1890
10 more not listed; retrieve them via the Exa API.