Kyle v. Ward
Supreme Court of Alabama
Appeal from tbe Circuit Court of Jefferson. Tried before the Hon. S. H. Spbott. This is an action of trover, brought by the original vendor, Ward, against King, his vendee, and Morris, the sub-purchaser, for the conversion of certain merchandise. King died, pending suit, and Kyle became his administrator. The questions passed on by the court were presented by exceptions to the charges given and refused.
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Appeal from tbe Circuit Court of Jefferson. Tried before the Hon. S. H. Spbott. This is an action of trover, brought by the original vendor, Ward, against King, his vendee, and Morris, the sub-purchaser, for the conversion of certain merchandise. King died, pending suit, and Kyle became his administrator. The questions passed on by the court were presented by exceptions to the charges given and refused. At the request of the plaintiff, the court charged as follows : 2. “If the jury believe, from the evidence, that the purchase by King of the goods, for the conversion of which this suit is…
1Opinion of the CourtSomerville, J.
— The action is one of trover for the conversion of a stock of merchandise, brought by the original vendor, against a sub-purchaser from the first alleged fraudulent vendee.
We have held that, in cases of this nature, the order and onus of proof is as follows ;
*122(1.) The plaintiff, in the first instance, is required to prove that the first vendee, being insolvent, obtained the goods on credit, by misrepresentation, or by fraudulent concealment of his financial status, with no intention or reasonable expectation of paying for them. — Loeb v. Flash, 65 Ala. 526; McCormick v. Joseph, 77 Ala. 236.
(2.…
2Cases cited12 opinions
- Grant v. National BankSupreme Court of the United States · 1878
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Craft v. RussellSupreme Court of Alabama · 1880
- McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Mazer v. BrownSupreme Court of Alabama · 1953
- Foxworth v. Brown Bros.Supreme Court of Alabama · 1897
- Maxwell v. Brown Shoe Co.Supreme Court of Alabama · 1896
- Hudson v. Bauer Grocery Co.Supreme Court of Alabama · 1894
- Foxworth v. Brown Bros.Supreme Court of Alabama · 1896
10 more not listed; retrieve them via the Exa API.