Hickey v. McDonald Bros.
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action of detinue by McDonald Bros, against T. J. Hickey. Prom a judgment for plaintiff, defendant appeals. The facts upon svliicb this case was tried are substantially as follows: A man representing himself to be J. W. Pressner went to the sales stables of Ramsey in Mobile and endeavored to purchase a mule on credit, representing that he was J. W. Pressner in the lumber business at Creóla, Ala.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action of detinue by McDonald Bros, against T. J. Hickey. Prom a judgment for plaintiff, defendant appeals. The facts upon svliicb this case was tried are substantially as follows: A man representing himself to be J. W. Pressner went to the sales stables of Ramsey in Mobile and endeavored to purchase a mule on credit, representing that he was J. W. Pressner in the lumber business at Creóla, Ala. Ramsey was not .present and no one in the stables had authority to sell the mule on a credit, whereupon, one of Ramsey’s employes…
1Opinion of the CourtDowdell, J.
This is a suit in detinue by the vendor against the subpurchaser of an alleged fraudulent vendee of the plaintiffs for the recovery of a mule. The cause was partly tried on an agreed statement of facts, and, the evidence being without dispute as to the alleged fraud of the original vendee, the court, at the request of the plaintiffs in writing, gave the general affirmative charge to find for the plaintiffs.
It is evident that the general charge to find for the plaintiff was given upon the theory that the title to the property had never passed out of the plaintiff. The fraud consisted in a…
2Cases cited7 opinions
- Edmunds v. Merchants' Despatch Transportation Co.Massachusetts Supreme Judicial Court · 1883
- Rodliff v. DallingerMassachusetts Supreme Judicial Court · 1886
- Alexander v. SwackhamerIndiana Supreme Court · 1886
- Peters Box & Lumber Co. v. LeshIndiana Supreme Court · 1889
- Wilk v. Key, Simmons & Co.Supreme Court of Alabama · 1897
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3Cited by5 opinions
- Phelps v. . McQuadeNew York Court of Appeals · 1917
- Barksdale v. BanksSupreme Court of Alabama · 1921
- Moore v. LongSupreme Court of Alabama · 1947
- Hickey v. McDonald Bros.Supreme Court of Alabama · 1909
- Prosser v. BailesAlabama Court of Appeals · 1949