Union Manufacturing & Commission Co. v. East Alabama National Bank
Supreme Court of Alabama
Appeal from tlie 'Circuit Court of Barbour. Tried before the Hon. A. A. Evans. The East Alabama National Bank sued out a writ of attachment against one W. B. Gorton, on August 19, 1896, and on the date of its issuance said writ was levied upon a stock of goods as the property of said Gorton.
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Appeal from tlie 'Circuit Court of Barbour. Tried before the Hon. A. A. Evans. The East Alabama National Bank sued out a writ of attachment against one W. B. Gorton, on August 19, 1896, and on the date of its issuance said writ was levied upon a stock of goods as the property of said Gorton. After the levy of said writ of attachment, the Union Manufacturing and Commission Company interposed a claim to certain of the goods levied upon, and upon the execution of a claim bond the goods were delivered to them. Issue was .made up between the attaching creditor • and the claimant, and the present…
1Opinion of the CourtMoOLELLAN, C. J.
There was evidence before the jury from which they might have concluded that Gorton was insolvent at the time he purchased the goods from claimant, that he then had no intention of paying for the goods or reasonable expectation of being able to pay for them, and that he failed to communicate these facts to the seller. On these facts he was guilty of such fraud in the transaction as authorized the seller upon afterwards coming to a knowledge of it to rescind the sale and reclaim the goods, if he unis induced by the fraud to make the sale.—Maxwell v. Brown Shoe Co., 114 Ala. 304. If, however,…
2Cases cited2 opinions
- Maxwell v. Brown Shoe Co.Supreme Court of Alabama · 1896
- Darby & Co. v. KroellSupreme Court of Alabama · 1890
3Cited by2 opinions
- Hockensmith v. WintonAlabama Court of Appeals · 1914
- Jones v. H. M. Hobbie Grocery Co.Court of Appeals for the Fifth Circuit · 1917