Shepherd v. Butcher Tool & Hardware Co.
Supreme Court of Alabama
Appeal from Fayette Circuit Court. Heard before Hon. Bernard Harwood. Assumpsit by the Butcher Tool & Hardware Company against J. C. Shepherd. Judgment for plaintiff, and defendant appeals.
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Appeal from Fayette Circuit Court. Heard before Hon. Bernard Harwood. Assumpsit by the Butcher Tool & Hardware Company against J. C. Shepherd. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under Act April 18, 1911 (Laws 1911, p. 450) § 6. The substituted counts were as follows: The record showing that original counts were 4, the common count, and that counts 5 and 6 were added by way of amendment, count 5 being the common count, and count 6 being for goods, wares, and merchandise or building material sold to defendant through L. F. Leeper & Co., the…
1Opinion of the CourtThomas, J.
The first five counts of the complaint were the common counts. The sixth was a special count, alleging that the goods were sold to the defendant through Leeper & Co., agents of the defendant, acting within the line and scope of their authority.(1) There was no error in the ruling of the trial court on defendant’s demurrers to the several counts of the complaint.(2) The general rule that the defense of bona fide purchaser for value without notice is defensive matter that must be set up by plea or answer is appropriate (Kelly v. Chandler, 184 Ala. *279358, 63 South. 941), yet, as each count of…
2Cases cited30 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
- Republic Iron & Steel Co. v. QuintonSupreme Court of Alabama · 1915
25 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
- Johnson v. StateSupreme Court of Alabama · 1916
- Loveman, Joseph Loeb v. McQueenSupreme Court of Alabama · 1919
- Holcombe v. State Ex Rel. ChandlerSupreme Court of Alabama · 1941
- Collier v. BrownLouisiana Court of Appeal · 1932
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