Legal Opinion

Jordan & Co. v. Collins & Co.

Supreme Court of Alabama

Decided November 15, 1894PublishedCited by 18 opinions

Appkat, from tlie City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This Wets an attachment suit by O. S. Collins & Co., against the Lee Jordan Grocery Company in which B. L. Jordan & Co. intervened as claimants to try the right of property.

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Appkat, from tlie City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This Wets an attachment suit by O. S. Collins & Co., against the Lee Jordan Grocery Company in which B. L. Jordan & Co. intervened as claimants to try the right of property. The uncontradicted testimony of Lee Jordan and B. L. Jordan, referred to in the opinion of the court, is stated in the bill of exceptions as follows: “Lee Jordan, called for claimant, testified; that before the sale was made to B. L. Jordan & Co., he and his brother, B. L. Jordan, and witness’ wife, A. Jordan, all of whom were the only…

1Opinion of the CourtHead, J.

This is a statutory claim suit interposed by B. L. Jordan & Co., by which they claim title to certain goods levied on under attachment at the suit of O. S. Collins & Co. against Jordan Grocery Company. The goods had belonged to Jordan Grocery Company, but claimants claimed tohave purchased them on Oct. 31st, 1892, prior to the levy of the attachment, in December, 1892. The validity of Ihe alleged sale is attacked by the plaintiffs on two grounds : 1st, That there was no corporate authority from Jordan Grocery Company to the president to make the sale to the claimants and, 2d, That the 'sale…

2Cases cited1 opinion

  1. Norton v. Alabama National BankSupreme Court of Alabama · 1893

3Cited by18 opinions

  1. Aransas Pass Harbor Co. v. ManningTexas Supreme Court · 1901
  2. Smith v. MooreCourt of Appeals for the Ninth Circuit · 1912
  3. Alabama Great Southern Railroad v. Loveman Compress Co.Supreme Court of Alabama · 1916
  4. McKleroy v. MusgroveSupreme Court of Alabama · 1919
  5. Gerard v. Empire Square Realty Co.Appellate Division of the Supreme Court of the State of New York · 1921

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