W. T. Adams' Machine Co. v. South State Lumber Co.
Alabama Court of Appeals
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action in detinue by tbe W. T. Adams Machine Company against tbe South State Lumber Company for machinery. From a judgment granting insufficient relief, plaintiff appeals.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action in detinue by tbe W. T. Adams Machine Company against tbe South State Lumber Company for machinery. From a judgment granting insufficient relief, plaintiff appeals. The following charges were refused to the plaintiff: (1) “I charge you, gentlemen of the jury, that there can be no recovery allowed to the defendant by reason of damage to the logs belonging to the Bixby-Thiesen Company, located at Brown’s Ferry, on the Tennessee river.” (2) “I charge you, gentlemen of the jury, that there can be no set-off allowed…
1Opinion of the CourtWalker, P. J.
To the complaint in detinue in this case, the defendant (the appellee here) pleaded the general issue and several special pleas, alleging that the machinery sued for a\ as acquired by the defendant under a contract for the conditional sale of it by the plaintiff, and setting up several matters by way of recoupment and also filed a suggestion, as provided for by statute (Code, § 3789), averring that the machinery sued for was sold by the plaintiff by a contract of sale, by Avhich the plaintiff reserved to itself title to said machinery until the purchase money should be fully paid, that a…
2Cases cited10 opinions
- Van Winkle & Co. v. WilkinsSupreme Court of Georgia · 1888
- Bixby-Theirson Lumber Co. v. EvansSupreme Court of Alabama · 1910
- Nesbitt v. McGeheeSupreme Court of Alabama · 1855
- Hooper v. BirchfieldSupreme Court of Alabama · 1896
- Whitmore v. Alabama Consolidated C. & I. Co.Supreme Court of Alabama · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Osterling v. FrickSupreme Court of Pennsylvania · 1925
- Caffey v. Alabama MacHinery & Supply Co.Alabama Court of Appeals · 1922
- Ex Parte PowellSupreme Court of Florida · 1915
- Montgomery Ward & Co. v. HutchinsonMississippi Supreme Court · 1935
- Malone v. ReynoldsSupreme Court of Alabama · 1925
6 more not listed; retrieve them via the Exa API.