Maxwell v. Brown Shoe Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James Weatherly, Special Judge. This was a statutory action of detinue, brought by the appellee, the Brown Shoe Company, against Mrs. M. A. Maxwell, to recover a certain lot of shoes specifically described in the complaint.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James Weatherly, Special Judge. This was a statutory action of detinue, brought by the appellee, the Brown Shoe Company, against Mrs. M. A. Maxwell, to recover a certain lot of shoes specifically described in the complaint. It was shown by the evidence that the shoes involved in this controversy were sold on a credit to the firm of J. E. Maxwell & Company, a firm composed of Jos.- E. Maxwell and John E. Maxwell, who were the sons of the defendant in this suit; that this sale was made in April by a representative of the…
1Opinion of the Court
McCLELLAN, J. —
Under the rule frequently declared by this court, three facts are essential to arm the seller of personal property with the right to disaffim the sale on the ground of fraud, and reclaim the property : First. The purchaser must have been insolvent or in failing circumstances at the time of the sale. Second. Pie must then have had either a design not to pay for the property, or have had no reasonable expectation of being able to pay for it. And, third. He must have made some fraudulent misrepresentation either as to his financial condition or in respect of his intent not to pay,…
2Cases cited13 opinions
- McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
- Spira v. Hornthall, Whitehead, Weissman & Co.Supreme Court of Alabama · 1884
- Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
- LeGrand v. Eufaula National BankSupreme Court of Alabama · 1886
- Hudson v. Bauer Grocery Co.Supreme Court of Alabama · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Chapman v. Rivers Construction CompanySupreme Court of Alabama · 1969
- National Dist. & Chem. v. American Laubscher Corp.Supreme Court of Alabama · 1976
- Barthelmess v. CavalierCalifornia Court of Appeal · 1934
- Jones v. H. M. Hobbie Grocery Co.Court of Appeals for the Fifth Circuit · 1917
- Pelham v. Chattahoochie Grocery Co.Supreme Court of Alabama · 1908
11 more not listed; retrieve them via the Exa API.