Robinson & Ledyard v. Pogue & Son
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before tbe Hon. John P. Hubbard. This, action was brought by E. H. Pogue & Son, merchants and partners, doing business in North Carolina, against the appellants, a partnership doing business in Montgomery, to recover several boxes of tobacco; and was commenced on the 18th December, 1885. The tobacco, which was 340 lbs. in weight, was the third and last installment of a lot of 1,000 lbs. sold by plaintiffs, or contracted to…
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Appeal from the Circuit Court of Montgomery. Tried before tbe Hon. John P. Hubbard. This, action was brought by E. H. Pogue & Son, merchants and partners, doing business in North Carolina, against the appellants, a partnership doing business in Montgomery, to recover several boxes of tobacco; and was commenced on the 18th December, 1885. The tobacco, which was 340 lbs. in weight, was the third and last installment of a lot of 1,000 lbs. sold by plaintiffs, or contracted to be sold, to Bushton & Co., merchants in Montgomery, in July, 1885; the other installments not being involved in the suit.…
1Opinion of the CourtSomerville, J.
The bill of sale from Busbton & Co. to Bobinson & Ledyard, tbe appellants, bearing date December 16th, 1885, and transferring to them tbe stock of merchandise of tbe vendors, in absolute payment of a pre-existing debt, is tbe same instrument construed by us in tbe case of Robinson & Ledyard v. Fairbanks & Co., 81 Ala. 132, and again in Robinson & Ledyard v. Levi, 81 Ala. 134. Upon a state of facts substantially tbe same as those appearing hr the present record, we tben observed, that there could be no question about tbe fact, that tbe defendants, if tbe evidence was to be believed, “were bona…
2Cases cited13 opinions
- Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
- McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
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- Everett v. CoffinNew York Supreme Court · 1831
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