Holst & Co. v. Harmon
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. J. W. Foster. This was an action of trover, brought by the appellee, R. L. Harmon, against J. B. Holst & Co., to recover damages for the alleged conversion by the defendants of a certain number of bales of cotton. The defendants pleaded not guilty and by special plea that they were bona fide purchasers of the cotton, the subject matter of the suit, for value, without notice of the plaintiff’s claim.
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Appeal from the Circuit Court of Pike. Tried before the Hon. J. W. Foster. This was an action of trover, brought by the appellee, R. L. Harmon, against J. B. Holst & Co., to recover damages for the alleged conversion by the defendants of a certain number of bales of cotton. The defendants pleaded not guilty and by special plea that they were bona fide purchasers of the cotton, the subject matter of the suit, for value, without notice of the plaintiff’s claim. It was admitted that the defendants purchased and disposed of the cotton described in the complaint. The plaintiff offered in evidence…
1Opinion of the CourtMcCLELLAN, C. J.
— One of the mortgages involved in this case was executed on April 14th, 1894. Bo far as necessary to the point we will first consider, it is as follows : “Know all men by these presents that I, B. W. Tompkins, for and in consideration of being indebted to It. L. Harmon in the sum of one hundred and fifty-three and 30-100 dollars, for which I have executed my promissory note, which bears even date with this instrument, and due on the first day of October, 1894, and the better to secure the same together Avith any other amounts the said It. L. Harmon may advance me, in money or otherAvise,…
2Cases cited1 opinion
- Boykin v. Bank of MobileSupreme Court of Alabama · 1882
3Cited by6 opinions
- Elmore, Quillian & Co. v. Parrish Bros.Supreme Court of Alabama · 1911
- First Nat. Bank of Stevenson v. CrawfordSupreme Court of Alabama · 1933
- Avondale Mills v. Abbott Bros.Supreme Court of Alabama · 1926
- Wagner v. Alabama Farm Bureau FederationSupreme Court of Alabama · 1932
- Hughes & Tidwell Sup. Co. v. BusseyAlabama Court of Appeals · 1915
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