Bass, Heard & Howle v. International Harvester Co. of America
Supreme Court of Alabama
Trover. Appeal from Calhoun Circuit Court. Heard before Hon. John Pelham. Trover by the International Harvester Company of America against- Bass, Heard & Howie, a corporation. Judgment for plaintiff, and defendant appeals, The International Harvester Company manufactures the Weber wagons and sells the same for resale to merchants and dealers in vehicles, etc.
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Trover. Appeal from Calhoun Circuit Court. Heard before Hon. John Pelham. Trover by the International Harvester Company of America against- Bass, Heard & Howie, a corporation. Judgment for plaintiff, and defendant appeals, The International Harvester Company manufactures the Weber wagons and sells the same for resale to merchants and dealers in vehicles, etc. The Shelnut Mercantile Company, a partnership composed of Bryant Shelnut and Ewell Howie, doing a? general mercantile business in Anniston, Ala., gave and signed a written order to the International Harvester Company, dated October 20,…
1Opinion of the CourtAnderson, J.
The defendant was a purchaser of the wagons in question for value and without notice of the plaintiff’s claim or title to same. Howie may have, and, of course, did have, notice of the plaintiff’s title, and .subsequently became connected with the defendant corporation; but at the time of the sale he was representing himself as the successor to or owner of the Shelnut Mercantile Company, and notice to him cannot be imputed to the defendant corporation. — Frenkel v. Hudson, 82 Ala. 158, 2 South. 758, 60 Am. Rep. 736. If, therefore, the instrument under which the purchase was made is á mortgage,…
2Cases cited8 opinions
- Frenkel v. HudsonSupreme Court of Alabama · 1886
- Winchester Wagon Works & Manufacturing Co. v. CarmanIndiana Supreme Court · 1887
- Bros. v. Mobile & Ohio R. R.Supreme Court of Alabama · 1877
- Sumner v. WoodsSupreme Court of Alabama · 1880
- Bent v. JerkinsSupreme Court of Alabama · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Edwards v. Baldwin Piano Co.Supreme Court of Florida · 1920
- Perkins v. SkatesSupreme Court of Alabama · 1929
- Warrant Warehouse Co. v. CookSupreme Court of Alabama · 1922
- Colonial Finance Co., Inc. v. DebenignoSupreme Court of Connecticut · 1939
- Iowa Guarantee Mortgage Corp. v. General Motors Acceptance Corp.South Dakota Supreme Court · 1933
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