Robinson v. Fairbanks & Co.
Supreme Court of Alabama
Appeal from Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This was an action of detinue for certain boxes of soap brought by N. K. Fairbanks & Co., original vendors, against Bobinson & Ledyard, alleged fraudulent sub-purchasers from Bushton & Co., original vendees. Judgment was rendered in favor of plaintiffs. The opinion of the court contains a statement of all material facts.
1Opinion of the CourtSomebyille, J.
— Whether the plaintiff be entitled to recover in this action, which is one in detinue for specific property, depends upon a single inquiry — and that is whether the delivery of the goods by the plaintiffs, Fair*133banks & Co. to Busbton & Co., was á mere bailment with an option to purchase, or a sale with an option to return. If the former, no title passed to Bushton & Co., and they being bailees, could not lawfully transfer title to the defendants. If the latter, being vendees, they could transfer a good title.
The evidence shows that the soap — thirty-five boxes— was, sometime in September of…
2Cases cited3 opinions
- Spira v. Hornthall, Whitehead, Weissman & Co.Supreme Court of Alabama · 1884
- Rogers v. AdamsSupreme Court of Alabama · 1880
- Buswell v. BicknellSupreme Judicial Court of Maine · 1840
3Cited by9 opinions
- Birmingham Post Co. v. SturgeonSupreme Court of Alabama · 1933
- D. M. Ferry & Co. v. HallSupreme Court of Alabama · 1914
- Robinson & Ledyard v. Pogue & SonSupreme Court of Alabama · 1888
- Skinner v. Michigan Hoop Co.Michigan Supreme Court · 1899
- Magic City Paint & Varnish Co. v. American Surety Co.Supreme Court of Alabama · 1934
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