McEntire, Wagnon & Thomas Co. v. Rock Hill Buggy Co.
Supreme Court of Alabama
Trover. Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Trover by tbe Rockhill Buggy Company against tbe McEntire, Wagnon & Tbomas Co., for tbe conversion of certain buggies. Judgment for plaintiff and defendant appeals. Tbe evidence was sucb as to authorize tbe jury to find that plaintiff’s traveling salesman bad authority to consent to tbe transfer of tbe buggies to the defendant corporation.— B’hcrn.
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Trover. Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Trover by tbe Rockhill Buggy Company against tbe McEntire, Wagnon & Tbomas Co., for tbe conversion of certain buggies. Judgment for plaintiff and defendant appeals. Tbe evidence was sucb as to authorize tbe jury to find that plaintiff’s traveling salesman bad authority to consent to tbe transfer of tbe buggies to the defendant corporation.— B’hcrn. M. R. R. Oo. v. T. O. I. & R. R. Oo., 28 South. 679. If be bad sucb authority, and did consent to tbe transfer of tbe buggies, this operates as an estoppel to tbe bringing of…
1Opinion of the Court
SIMPSON, J.-
-This action is by the appellee against the appellant for the conversion of 35 buggies, some of the counts being in the common form for conversion, and others setting out the facts: That the buggies were delivered by the plaintiff to McEntire Hardware Company, a corporation, under a written contract of sale which provided as follows, to' wit: “As the security for 'the payment of said vehicles, or of any notes or acceptance which may he given as per above agreement, or any renewals of the same, or other indebtedness, we do hereby agree that the right and title to said vehicles…
2Cases cited3 opinions
- Central of Georgia Railway Co. v. JosephSupreme Court of Alabama · 1899
- Lea v. Iron Belt Mercantile Co.Supreme Court of Alabama · 1906
- Morris v. 1st National BankSupreme Court of Alabama · 1909
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- Fowler v. HagginsSupreme Court of Alabama · 1923
- Bank for Savings & Trusts v. Jefferson Development Co.Supreme Court of Alabama · 1937