Butler-Kyser Mfg. Co. v. Mitchell & Co.
Supreme Court of Alabama
Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Action by the Butler-Kyser Manufacturing Company against O. D. Mitchell & Co. From a judgment for defendants, plaintiff appeals. The complaint shows that plaintiff consigned to defendants for sale on commission 200 tons of fertilizer, to remain the property of plaintiff until sold in due course, and, when sold, the proceeds were to be thé property of plaintiff and fully accounted for to plaintiff as such.
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Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Action by the Butler-Kyser Manufacturing Company against O. D. Mitchell & Co. From a judgment for defendants, plaintiff appeals. The complaint shows that plaintiff consigned to defendants for sale on commission 200 tons of fertilizer, to remain the property of plaintiff until sold in due course, and, when sold, the proceeds were to be thé property of plaintiff and fully accounted for to plaintiff as such. It is charged in the several counts, aside from the common counts, that defendants wrongfully embezzled and converted said…
1Opinion of the Court
SOMERVILLE, J.(1) The single question on this appeal is whether, under section 17 of the Bankruptcy Act of 1898, the defendants’ discharge in bankruptcy is a bar to the plaintiff’s action, the gravamen of which is that the defendants fraudulently converted to their own use a certain lot of fertilizer, or its proceeds after sale, which was consigned to the defendants to be sold on commission and accounted for by them as agents of the plaintiff; the title to the fertilizer, except after sale in due course, and thereafter to the proceeds, being specifically reserved to the plaintiff. Section 17…
2Cases cited5 opinions
- Crawford v. BurkeSupreme Court of the United States · 1904
- Tindle v. BirkettSupreme Court of the United States · 1907
- Clarke v. RogersSupreme Court of the United States · 1913
- Frederic L. Grant Shoe Co. v. W. M. Laird Co.Supreme Court of the United States · 1909
- Ex parte Butler-Keyser Mfg. Co.Supreme Court of Alabama · 1911
3Cited by2 opinions
- Walker Bros. v. Capital City Grocery Co.Court of Appeals of Georgia · 1922
- South Atlantic Guano Co. v. ChildsSupreme Court of Alabama · 1924