Clark v. Dunham Lumber Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by the Dunham Lumber Company, a private corporation, against H. W. Clark, and was commenced on the 6th April, 1886. The complaint contained a count in trover for the alleged conversion by the defendant, on or about September 20th, 1885, of “three car loads of sawn lumber;” and two special counts in case, each claiming $433.71 as damages on account of defendant’s…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by the Dunham Lumber Company, a private corporation, against H. W. Clark, and was commenced on the 6th April, 1886. The complaint contained a count in trover for the alleged conversion by the defendant, on or about September 20th, 1885, of “three car loads of sawn lumber;” and two special counts in case, each claiming $433.71 as damages on account of defendant’s alleged false representations, whereby plaintiff was induced to sell, and did sell, on credit, to the Wetumpka Lumber Company,…
1Opinion of the CourtSomerville, J.
The action is one based on an alleged false representation made by defendant as to the credit and business of the Wetumpka Lumber Company, a corporation of which the defendant was president, by which representation credit was given to said company by the plaintiff, resulting in the loss of certain goods sold.
The substance of the alleged representation is, that the plaintiff had already negotiated for the sale of such large quantities of lumber that it was unable • to fill these sales, thus contracted to be filled, without obtaining lumber from other mills; and that the lumber proposed to be…
2Cases cited6 opinions
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Jordan & Sons v. PickettSupreme Court of Alabama · 1884
- Upton v. VailNew York Supreme Court · 1810
- Ball v. Farley, Spear & Co.Supreme Court of Alabama · 1886
- Einstein, Hirsch & Co. v. MarshallSupreme Court of Alabama · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Vertrees v. HeadCourt of Appeals of Kentucky · 1910
- Nevada Bank v. Portland Nat. BankU.S. Circuit Court for the District of Oregon · 1893
- Knight v. RawlingsSupreme Court of Missouri · 1907
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1888
- Dobison v. Bank of HawaiiHawaii Supreme Court · 1978
1 more not listed; retrieve them via the Exa API.