Hoge v. Herzberg
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before tlie Hon. John H. Disque. Tliis action was brought by the appellee, L. L. Herz-berg', as surviving partner of Herzberg Brothers, against John F. Hoge, to recover damages resulting to the plaintiff for having purchased certain cotton from the defendant which defendant represented belonged to him. The complaint as amended contained five counts.
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Appeal from the City Court of Gadsden. Tried before tlie Hon. John H. Disque. Tliis action was brought by the appellee, L. L. Herz-berg', as surviving partner of Herzberg Brothers, against John F. Hoge, to recover damages resulting to the plaintiff for having purchased certain cotton from the defendant which defendant represented belonged to him. The complaint as amended contained five counts. The substance of the 5th count is stated in the opinion, and under the decision on the present appeal it is unnecessary to set out at length the other counts of the complaint. To the defendant’s plea in…
1Opinion of the CourtSharpe, J.
As amended the complaint in this cause consisted of counts numbered, respectively, 4 and. 5. Omitting a statement therein of damages, count 5 is as follows: “The plaintiff claims of defendant the further sum of $150.00 damages for deceit in the. sale of one bale of lint cotton, which the defendant sold to plaintiff as his own property and at the time of the sale knew to be the property of another and upon Avhich the owner had executed to Thos. L. Johnson & Co., a mortgage of which defendant had notice, yet defendant sold said, cotton as his own, thus deceiving plaintiff and thereby inducing…
2Cases cited3 opinions
- Williams v. Woodward Iron Co.Supreme Court of Alabama · 1894
- Hood v. Pioneer Mining & Manufacturing Co.Supreme Court of Alabama · 1891
- Denson v. GraySupreme Court of Alabama · 1896
3Cited by10 opinions
- Staples v. SteedSupreme Court of Alabama · 1910
- Drennen Motor Car Co. v. EvansSupreme Court of Alabama · 1915
- Southern Railway Co. v. GogginsSupreme Court of Alabama · 1916
- Ex Parte LundySupreme Court of Alabama · 1983
- Gulf Production Co. v. GrangerTexas Supreme Court · 1932
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