Spira v. Hornthall, Whitehead, Weissman & Co.
Supreme Court of Alabama
Statutory Detinue for Goods, by Vendor against Demote Purchaser. Appeal from the Circuit Court of Mobile. Tried before the Hon. Wm. E. Clarke.
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Statutory Detinue for Goods, by Vendor against Demote Purchaser. Appeal from the Circuit Court of Mobile. Tried before the Hon. Wm. E. Clarke. This action was brought by the appellees, who were merchants doing business in the city of New York, and who sued as partners, against Abraham H. Spira, to recover a large quantity of goods, which the plaintiffs had sold to one S Yogel, and which the defendant claimed as a sub-purchaser from Yogel; and was commenced on the 8th December, 1883. The cause was tried on issue joined, and a bill of exceptions was reserved by the defendant during the trial,…
1Opinion of the CourtClopton, J.
The instructions given and refused present, as the first question raised by the assignment of errors, whether the payment or satisfaction of an existing debt is a consideration sufficient to defeat the vendor’s right of recovery against a purchaser without notice from a fraudulent vendee. The sale of the entire stock of goods, whether in the usual course of trade or otherwise, is a matter addressed to the jury in determining the bonafides of the transaction, and is not presented by the record for our consideration.
Though of comparatively modern origin, the doctrine is now firmly grafted on…
2Cases cited8 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Bros. v. Mobile & Ohio R. R.Supreme Court of Alabama · 1877
- Rogers v. AdamsSupreme Court of Alabama · 1880
- Brother & Brother v. Peters & BrotherSupreme Court of Alabama · 1879
- Reid v. Bank of MobileSupreme Court of Alabama · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Frenkel v. HudsonSupreme Court of Alabama · 1886
- LeGrand v. Eufaula National BankSupreme Court of Alabama · 1886
- Alabama Fertilizer Co. v. Reynolds & LeeSupreme Court of Alabama · 1885
- Wails v. FarringtonSupreme Court of Oklahoma · 1911
- Marks v. First National BankSupreme Court of Alabama · 1885
26 more not listed; retrieve them via the Exa API.