Darby & Co. v. Kroell
Supreme Court of Alabama
Appear from the Circuit Court of Shelby. Tried before the Hon. Leroy F. Box. The facts as they appear from the bill of exceptions are substantially and sufficiently set forth in the opinion of this court; One of the members of the partnership of Darby & Go., in his deposition, testified among other things, that his firm thought that they were selling goods to H. O. & W. B. Reynolds, a reputable firm doing business in the same town, as did Reynolds & Co. But there was no…
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Appear from the Circuit Court of Shelby. Tried before the Hon. Leroy F. Box. The facts as they appear from the bill of exceptions are substantially and sufficiently set forth in the opinion of this court; One of the members of the partnership of Darby & Go., in his deposition, testified among other things, that his firm thought that they were selling goods to H. O. & W. B. Reynolds, a reputable firm doing business in the same town, as did Reynolds & Co. But there was no evidence introduced that the said Reynolds & Co. undertook to personate the said firm above referred to, or that they…
1Opinion of the CourtMcCLELLAN, J.
Darby & Co. sold goods to Reynolds & Co., on a credit of sixty days. Soon afterwards R. & Co. absconded, and attachments were levied at the suit of other creditors on certain goods, including those sold by D. & Co., left by them in the store which they had occupied. D. c% Co. asserted the right to rescind the sale to R. &Oo. on the ground of fraud, and demanded the goods from the sheriff, who refused to give them up, and sold them under the attachments. The present action is prosecuted by Darby & Oo. against the sureties on the official bond of the sheriff, to recover the value of the said…
2Cases cited11 opinions
- Edmunds v. Merchants' Despatch Transportation Co.Massachusetts Supreme Judicial Court · 1883
- Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
- LeGrand v. Eufaula National BankSupreme Court of Alabama · 1886
- Sledge v. ScottSupreme Court of Alabama · 1876
- Gregory v. SchoenellIndiana Supreme Court · 1876
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3Cited by4 opinions
- Maxwell v. Brown Shoe Co.Supreme Court of Alabama · 1896
- Pelham v. Chattahoochee Grocery Co.Supreme Court of Alabama · 1906
- Davis Bluff Land & Timber Co. v. CooperSupreme Court of Alabama · 1931
- Union Manufacturing & Commission Co. v. East Alabama National BankSupreme Court of Alabama · 1900