Legal Opinion

Robinson v. Fairbanks & Co.

Supreme Court of Alabama

Decided December 15, 1886PublishedCited by 9 opinions

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

  1. Spira v. Hornthall, Whitehead, Weissman & Co.Supreme Court of Alabama · 1884
  2. Rogers v. AdamsSupreme Court of Alabama · 1880
  3. Buswell v. BicknellSupreme Judicial Court of Maine · 1840

3Cited by9 opinions

  1. Birmingham Post Co. v. SturgeonSupreme Court of Alabama · 1933
  2. D. M. Ferry & Co. v. HallSupreme Court of Alabama · 1914
  3. Robinson & Ledyard v. Pogue & SonSupreme Court of Alabama · 1888
  4. Skinner v. Michigan Hoop Co.Michigan Supreme Court · 1899
  5. Magic City Paint & Varnish Co. v. American Surety Co.Supreme Court of Alabama · 1934

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