Larkins & Moore v. Eckwurzel
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before Hon. T. M. Arrington. This was an action for conversion of chatties brought by appellee against appellants. Otto G. Eckwurzel, (appellee,) a confectioner doing business in the city of Montgomery, ordered certain invoices of goods, suitable to his business, from two firms, one at New York, and the other at Baltimore.
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Appeal from the City Court of Montgomery. Tried before Hon. T. M. Arrington. This was an action for conversion of chatties brought by appellee against appellants. Otto G. Eckwurzel, (appellee,) a confectioner doing business in the city of Montgomery, ordered certain invoices of goods, suitable to his business, from two firms, one at New York, and the other at Baltimore. These goods were shipped by way of Savannah, and received and deposited in due time at the depot of the Montgomery & West Point Eailroad in Montgomery ; and the bills of lading for each parcel were received by mail by said…
1Opinion of the CourtByrd, J.
The main question in this case is,- whether upon the facts shown by the record, the action is maintainable against the appellants jointly ? There can be no doubt that under the law, and the facts in evidence, that the appellants are severally liable in trover. — Lee v. Matthews, 10 Ala. 682 ; Conner & Johnson v. Allen & Reynolds, 33 ib. 516. No case has been found by us, none brought to our notice by counsel, in which a joint action in trover, has been brought against the seller and buyer of a chattel, where the latter was a purchaser bona fide.
In the elementary works, no reference is made to…
2Cases cited10 opinions
- Layman v. HendrixSupreme Court of Alabama · 1840
- Lee v. MathewsSupreme Court of Alabama · 1846
- Sherry v. PickenIndiana Supreme Court · 1858
- Whitney v. SlausonNew York Supreme Court · 1859
- Sacket v. McCordSupreme Court of Alabama · 1853
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3Cited by10 opinions
- Southern Ry. Co. v. ArnoldSupreme Court of Alabama · 1909
- Powell v. ThompsonSupreme Court of Alabama · 1885
- Geneva Gin & Storage Co. v. RawlsSupreme Court of Alabama · 1940
- Richmond & Danville Railroad v. GreenwoodSupreme Court of Alabama · 1892
- Strawbridge v. SternMichigan Supreme Court · 1897
5 more not listed; retrieve them via the Exa API.