Legal Opinion

Brother & Brother v. Peters & Brother

Supreme Court of Alabama

Decided December 15, 1879PublishedCited by 27 opinions

Appeal from the Circuit Court of Montgomery. Tried before tbe Hon. J. Q. Smith. This was a statutory trial of the right of property in twenty-five boxes of tobacco, between J. M. Peters & Brother, of Virginia, as plaintiffs, and J. Loeb & Brother, of Montgomery, as claimants.

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Appeal from the Circuit Court of Montgomery. Tried before tbe Hon. J. Q. Smith. This was a statutory trial of the right of property in twenty-five boxes of tobacco, between J. M. Peters & Brother, of Virginia, as plaintiffs, and J. Loeb & Brother, of Montgomery, as claimants. The plaintiffs had sold the tobacco to M. Munter & Brother, of Montgomery, and, in the exercise of the right of stoppage in transitv,, had claimed and demanded them of the carrier, the South & North Alabama Bailroad Company, in whose possession the boxes were, and brought an action of detinue to recover them. Loeb &…

1Opinion of the CourtManning, J.

Munter & Brother, being largely in debt, and insolvent, by an order requesting shipment to them, bought of plaintiffs, J. M. Peters & Brother, of Yirginia, twenty-five boxes of tobacco; which they accordingly sent *248as directed, to Munter & Brother, at Montgomery, Alabama, by railroad, forwarding to them by mail a bill of lading therefor. On receipt of this, several days before the boxes arrived, Munter & Brother indorsed it, and transferred their right to the goods to J. Loeb & Brother, who gave them credit for the same, on a debt past due, which Munter & Brother owed them. There was no other…

2Cases cited5 opinions

  1. Crawford v. KirkseySupreme Court of Alabama · 1876
  2. Harris v. . PrattNew York Court of Appeals · 1858
  3. O'brien v. Norris, Caldwell & Co.Court of Appeals of Maryland · 1860
  4. Lesassier v. The SouthwesternU.S. Circuit Court for the District of Louisiana · 1874
  5. I. Blum & Co. v. MarksSupreme Court of Louisiana · 1869

3Cited by27 opinions

  1. Spira v. Hornthall, Whitehead, Weissman & Co.Supreme Court of Alabama · 1884
  2. Conrad v. FisherMissouri Court of Appeals · 1889
  3. Goodwin v. Massachusetts Loan & Trust Co.Massachusetts Supreme Judicial Court · 1890
  4. McElwee v. Metropolitan Lumber Co.Court of Appeals for the Sixth Circuit · 1895
  5. Crass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1892

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