Aderhold v. Blumenthal & Beckert
Supreme Court of Alabama
Appeal from the City Ooilrt of Anniston. Tried before tbe Hon. B. F. Cassady. This action was brought by Blumenthal & Eckert, suing as partners, against T. M. Aderhold and H. W. Finney, to recover damages for an alleged conversion of certain goods and chattels, consisting of chairs, table, furniture, fixtures, crockery, &c.; and was commenced on the 29th April, 1889. The goods and chattels had belonged to one Harry Toole, and were used by him in carrying on a restaurant in a…
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Appeal from the City Ooilrt of Anniston. Tried before tbe Hon. B. F. Cassady. This action was brought by Blumenthal & Eckert, suing as partners, against T. M. Aderhold and H. W. Finney, to recover damages for an alleged conversion of certain goods and chattels, consisting of chairs, table, furniture, fixtures, crockery, &c.; and was commenced on the 29th April, 1889. The goods and chattels had belonged to one Harry Toole, and were used by him in carrying on a restaurant in a house which lie had rented from said Aderhold, one of the defendants, for and during the year 1889; the annual rent…
1Opinion of the CourtColeman, J.
Tbe goods, wben purchased by plaintiffs, were in a rented storehouse, and subject to tbe landlord’s lien. — Code, § 3069. Tbe goods were purchased in bulk, *69and tbe consideration was tbe payment of an antecedent debt. Moreover, tbe goods bad not been removed from tbe storebonse wben they were levied npon at tbe suit of tbe landlord, by attachment for tbe enforcement of bis rent debt. Tbe sale of tbe goods by tbe tenant did not displace tbe prior lien of tbe landlord. — Weil v. McWhorter, 94 Ala. 540. It was proven by tbe witness Toole, and not controverted, tbat appellees knew tbat Toole…
2Cases cited7 opinions
- Ware v. CurrySupreme Court of Alabama · 1880
- Lomax v. LeGrand & Co.Supreme Court of Alabama · 1877
- Weil v. McWhorterSupreme Court of Alabama · 1891
- Dryer v. AbercrombieSupreme Court of Alabama · 1877
- Boggs v. PriceSupreme Court of Alabama · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Andrews Manufacturing Co. v. PorterSupreme Court of Alabama · 1895
- Samuel Gans Co. v. TysonSupreme Court of Alabama · 1910
- Scott v. RenfroSupreme Court of Alabama · 1894
- Herzfeld v. HayneSupreme Court of Alabama · 1917
- Gillespie v. McCleskySupreme Court of Alabama · 1909