Marx Bros. v. Leinkauff
Supreme Court of Alabama
Action on Attachment Bond. Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semites. . This action was brought by Marx Bros., late partners doing-business in Mobile as merchants, against L. Strauss and J. H. Leinkauff, as sureties for IT. B. Claffin & Co. on an attachment bond.
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Action on Attachment Bond. Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semites. . This action was brought by Marx Bros., late partners doing-business in Mobile as merchants, against L. Strauss and J. H. Leinkauff, as sureties for IT. B. Claffin & Co. on an attachment bond. The attachment was sued out, on the 22d November, 1881, on the ground that Marx Bros, “were about fraudulently to dispose of their propertyand it was levied on their entire stock of goods, with the lease of the building in which they carried on their business, all of which was afterwards sold under the…
1Opinion of the CourtColeman, J.
— Special averments are necessary to let in' evidence for the recovery of special damages, but such special damages must be the natural and proximate result of the wrong in order to authorize their recovery. The averments must also be of such character, if sustained by proof, as to. furnish data from which the damages may be calculated with reasonable certainty. If the damages be speculative, or too-remote, neither averment nor proof will authorize their recovery. Loss of credit and business are the natural consequences. *461of suing out an attachment against a merchant on account of fraud, and…
2Cases cited17 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Snodgrass v. Branch Bank at DecaturSupreme Court of Alabama · 1854
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
- Calhoun v. Hannan & MichaelSupreme Court of Alabama · 1888
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3Cited by16 opinions
- Alabama Great Southern Railroad v. RobinsonSupreme Court of Alabama · 1913
- Ross v. Peck Iron & Metal Co.Court of Appeals for the Fourth Circuit · 1959
- Vandiver & Co. v. WallerSupreme Court of Alabama · 1904
- German v. Brown & LeeperSupreme Court of Alabama · 1905
- Bynon v. StateSupreme Court of Alabama · 1897
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