Edwards, Hudmon Co. v. Meadows
Supreme Court of Alabama
Appeal from Lee Circuit Court. Tried before ITon LI. D. OlaytoN. This was a suit on a promissory note by Edwards, LIudmon & Co. against T. 0. & J. Meadows, and was commenced on September 20th, 1881. The defendants pleaded (1) “that the consideration of the note sued on had failed,” and (2) that said note was given for a threshing-machine which the defendants purchased, without seeing, it then being in the possession of one Bascom Brooks; that the machine was warranted to be…
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Appeal from Lee Circuit Court. Tried before ITon LI. D. OlaytoN. This was a suit on a promissory note by Edwards, LIudmon & Co. against T. 0. & J. Meadows, and was commenced on September 20th, 1881. The defendants pleaded (1) “that the consideration of the note sued on had failed,” and (2) that said note was given for a threshing-machine which the defendants purchased, without seeing, it then being in the possession of one Bascom Brooks; that the machine was warranted to be in good condition in every respect, but when it was tendered to defendants, it was broken and in no respect sufficient…
1Opinion of the CourtSOMERvILLE, J.
Where a vendor makes sale of personal property in the custody of a third person, who is his bailee, and gives a delivery order to the vendee, it has long been settled that this will not amount to a delivery so as to vest the title in the vendee, until the order is presented and such third person agrees to become the bailee of the purchaser, expressly or impliedly.—Benj. on Sales, § 175, § 680; Bentall v. Burn, 3 B. & C. 423; Barney v. Brown, 19 Amer. Dec. 720. It is true that where the custodian or bailee assents in acbocmce of the sale to become the bailee of the buyer, this assent might be…
2Cases cited1 opinion
- Magee v. BillingsleySupreme Court of Alabama · 1842
3Cited by4 opinions
- Shriner v. MeyerSupreme Court of Alabama · 1911
- Young v. East Ala. Railway Co.Supreme Court of Alabama · 1885
- Howell v. Home National BankSupreme Court of Alabama · 1915
- Koppersmith v. NassanoSupreme Court of Alabama · 1884