Bolling v. Kirby & Brother
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before Hon. John B. Tally. This action was brought by Kirby & Brother, suing as partners, against William Bolling, to recover damages for the alleged conversion of a sewing-machine; and was commenced in a justice’s court, on the 30th September, 1887. The only plea was the general issue; and the contested questions of fact were, (1) whether the machine had been paid for, or still belonged to the plaintiffs; (2) whether the…
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Appeal from the Circuit Court of Marshall. Tried before Hon. John B. Tally. This action was brought by Kirby & Brother, suing as partners, against William Bolling, to recover damages for the alleged conversion of a sewing-machine; and was commenced in a justice’s court, on the 30th September, 1887. The only plea was the general issue; and the contested questions of fact were, (1) whether the machine had been paid for, or still belonged to the plaintiffs; (2) whether the defendant had' done anything in connection with it which constituted a conversion. The machine had been sold by plaintiffs,…
1Opinion of the CourtMcCLELLAN, J.
We do not doubt that the title to the machine involved in this action remained in the plaintiffs below, under the contract put in evidence,' until the purchase-money thereof was paid. In considering the question whether the transaction between Hooper and Bishop was a payment, it may be. admitted that Hooper was the special agent of plaintiffs to receive cattle in payment, and to deliver up the paper, and that he did so receive the- cattle and deliver up the paper as that, without more, the debt was satisfied; and it may be further conceded that he had no authority to enter into an arrangement…
2Cases cited22 opinions
- Sturges v. KeithIllinois Supreme Court · 1870
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
- Conner & Johnson v. Allen & ReynoldsSupreme Court of Alabama · 1859
- Munkers v. StateSupreme Court of Alabama · 1888
- Central Railroad & Banking Co. v. LampleySupreme Court of Alabama · 1884
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3Cited by67 opinions
- Clardy v. Capital City Asphalt Co.Supreme Court of Alabama · 1985
- Davis & Son v. HurtSupreme Court of Alabama · 1896
- Hunnicutt v. HigginbothamSupreme Court of Alabama · 1903
- Cartlidge v. SloanSupreme Court of Alabama · 1899
- Scott Paper Co. v. Novay Cherry Barge Service, Inc.Court of Civil Appeals of Alabama · 1972
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