Gilman, Son & Co. v. Jones
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. Tbis action was brought by tbe surviving partners of the late firm of Gilman,. Son The contract for the sale of the bonds was made in New York, was reduced to writing, and signed by Gilman, Son & Co. as parties of the first part, and by said A. W. Jones as party of the second part.
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Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. Tbis action was brought by tbe surviving partners of the late firm of Gilman,. Son The contract for the sale of the bonds was made in New York, was reduced to writing, and signed by Gilman, Son & Co. as parties of the first part, and by said A. W. Jones as party of the second part. It contained the following, provisions: (1.) “The parties of the first part sell, and the party of the second part purchases from them, fifty-eight bonds,” describing them, “now in the possession of J. T. Holtzclaw and D. S. Troy,…
1Opinion of the CourtSomerville, J.
The action is one of trover brought by the appellants against the appellees, for the alleged con-*697version of fifty-eight bonds, of one thousand dollars each, issued by the New Orleans & Selma Bailroad Company. There are also two counts added by way of amendment, in case, based on the alleged unlawful use of the bonds, and of the decree of the Chancery Court in which they were merged.
The main point of controversy in the case is, whether the contract of August 16, 1879, between the plaintiffs, Gilman, Son & Co., on one side, and the defendants, A. W. Jones and D. S. Troy, as trustee, on the…
2Cases cited14 opinions
- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- Sedgwick v. . StantonNew York Court of Appeals · 1856
- Morton & Bliss v. New Orleans & Selma Railway Co.Supreme Court of Alabama · 1885
- Thallhimer v. BrinckerhoffNew York Supreme Court · 1824
- Ala. Gt. Southern R. R. v. South & North Ala. R. R.Supreme Court of Alabama · 1887
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3Cited by22 opinions
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- Smith v. . HartsellSupreme Court of North Carolina · 1908
- Laughran v. BrewerSupreme Court of Alabama · 1896
- Gibson v. GillespieSuperior Court of Delaware · 1928
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