Peterson & Co. v. Steiner Bros.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Tried before Hon. Jas. J. Banks. This was an action of trover brought by the appellants against the appellees, and sought to recover damages for a conversion of a lot of mantels. The cause was tried upon a plea of the general issue.
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Appeal from Jefferson Circuit Court. Tried before Hon. Jas. J. Banks. This was an action of trover brought by the appellants against the appellees, and sought to recover damages for a conversion of a lot of mantels. The cause was tried upon a plea of the general issue. The plaintiff introduced evidence tending to show that they sold the property described in the complaint to one Samuel Ullman, who was conducting business under the name of the Ullman Hardware Co. Also, that the said Ullman was at the time of the purchase, insolvent, and had no reasonable expectation of paying therefor, and…
1Opinion of the CourtHaralson, J.
For the purpose of this appeal, it may be conceded, without deciding the question, that Ullman, the original purchaser of the goods, practiced a fraud on the plaintiffs, who sold them to him, and that the sale was of such a fraudulent character, as authorized plaintiffs to rescind it, and sue the appellees, — who are sub-purchasers of the goods from Ullman, — for their conversion. Allowing that plaintiffs, as the burden was on them to do, had made sufficient proof to authorize them to rescind and bring this suit, the burden was then on the defendants, to prove that they paid value for the…
2Cases cited8 opinions
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Spira v. Hornthall, Whitehead, Weissman & Co.Supreme Court of Alabama · 1884
- LeGrand v. Eufaula National BankSupreme Court of Alabama · 1886
- McCall v. RogersSupreme Court of Alabama · 1884
- Kyle v. WardSupreme Court of Alabama · 1886
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3Cited by5 opinions
- Moore v. LongSupreme Court of Alabama · 1947
- Southern Home Building & Loan Ass'n v. RiddleSupreme Court of Alabama · 1900
- Hoots v. WilliamsSupreme Court of Alabama · 1896
- Davis v. AshburnSupreme Court of Alabama · 1932
- McBride McMillian v. Kyle.Supreme Court of Alabama · 1922