Corry v. Sylvia y Cia
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Sylvia y Cia against Joseph W. Corry for deceit in the sale of a ship and the freight to be earned by her on her then voyage. Judgment for plaintiff, and defendant appeals. The case was tried on counts 3, 4, 5, 6, and 7 as amended, and the plea of the general issue.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Sylvia y Cia against Joseph W. Corry for deceit in the sale of a ship and the freight to be earned by her on her then voyage. Judgment for plaintiff, and defendant appeals. The case was tried on counts 3, 4, 5, 6, and 7 as amended, and the plea of the general issue. Demurrers to the seventh and ninth counts were overruled, and demurrers to all of defendant’s special pleas, except plea H, were sustained, and these rulings are severally assigned as error. Count 7 is as follows: “Plaintiff claims of defendant the…
1Opinion of the CourtSomerville, J.
This case was tried and determined in the lower court upon the theory that, under the circumstances here exhibited it was the duty of the defendant vendor to inform the plaintiff vendee, at or before the consummation of the sale, that he had previously made an assignment of the ship’s freight to the holder of the disbursement draft, and that the defendant’s silence in that regard knowing that the plaintiff ' was ignorant of such assignment, was a fraud upon the plaintiff, and amounted to an actionable deceit. The price paid for the ship, including the freight, was $33,-810. The value of the…
2Cases cited14 opinions
- Jordan & Sons v. PickettSupreme Court of Alabama · 1884
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Oregon Steamship Co. v. . OtisNew York Court of Appeals · 1885
- King v. Livingston Mfg. Co.Supreme Court of Alabama · 1912
- Potts v. ColemanSupreme Court of Alabama · 1880
9 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Hoffman-La Roche, Inc. v. CampbellSupreme Court of Alabama · 1987
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Marshall v. CrockerSupreme Court of Alabama · 1980
- Sovereign Camp, W. O. W. v. AdamsSupreme Court of Alabama · 1920
- Sorrell v. ScheuerSupreme Court of Alabama · 1923
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