H. B. Claflin Co. v. Rodenberg
Supreme Court of Alabama
Appeal from tbe Circuit Court of Dallas. Tried before the Hon. John Moore. This was a statutory claim suit' instituted by Charles L. Rodenberg claiming a certain portion of a stock of goods, which had been levied on under an attachment issued at the instance of H. B. Claflin Co. against F. S. & H. Rosenberg. .The evidence, as shown by the bill of exceptions, tends to show that F. S. &H. Rosenberg, who were doing a mercantile business in Selma, Ala., were, on January 20,…
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Appeal from tbe Circuit Court of Dallas. Tried before the Hon. John Moore. This was a statutory claim suit' instituted by Charles L. Rodenberg claiming a certain portion of a stock of goods, which had been levied on under an attachment issued at the instance of H. B. Claflin Co. against F. S. & H. Rosenberg. .The evidence, as shown by the bill of exceptions, tends to show that F. S. &H. Rosenberg, who were doing a mercantile business in Selma, Ala., were, on January 20, 1891, indebted to H. B. Claflin Co. in the sum of $6,203.61. On the evening of January 20, 1891, they sold a part of their…
1Opinion of the CourtHead, J.
The first and second assignments of error must be sustained, The sale of the goods by F. S. and H. Rosenberg to claimant was being assailed by the plaintiff on the ground of undervaluation. What claimant received for the goods, on private sales made by him afterwards to third parties, can not be legal evidence, against the plaintiff, of their value. Such sales afford no test of value. To allow such evidence would be to allow a party to malee evidence for himself.
The question asked Kennedy, “What was the amount of the H. B. Claflin Company’s debt, claimed when the levy was made?” seems…
2Cited by9 opinions
- Jones v. StateAlabama Court of Appeals · 1915
- Craig & Co. v. Pierson Lumber Co.Supreme Court of Alabama · 1910
- Nelms v. Steiner Bros.Supreme Court of Alabama · 1896
- Bush v. StantonSupreme Court of Alabama · 1962
- Choctaw Coal & Mining Co. v. DoddSupreme Court of Alabama · 1918
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