Cleveland Woolen Mills v. Sibert, Ward & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before the Hod. James Aiken. This was an aetioD of trover by the appellant, the “ Cleveland Woolen Mills,” a corporation engaged in manufacturing at Cleveland, Tenn., against the appellees, William J. Sibert, J. R. Ward and A. J. Blair, partners doing business at Gadsden, Ala., under the name of Sibert, Ward & Co., for the alleged conversion of twenty pieces of jeans. The plea was “not guilty.”
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Appeal from the Circuit Court of Etowah. Tried before the Hod. James Aiken. This was an aetioD of trover by the appellant, the “ Cleveland Woolen Mills,” a corporation engaged in manufacturing at Cleveland, Tenn., against the appellees, William J. Sibert, J. R. Ward and A. J. Blair, partners doing business at Gadsden, Ala., under the name of Sibert, Ward & Co., for the alleged conversion of twenty pieces of jeans. The plea was “not guilty.” On the trial, Charles Hawkins, a witness for the plaintiff, testified, that in December, 1884, he, being a retail merchant at Gadsden, Ala,, ordered the…
1Opinion of the CourtClopton, J.
— The appellant, having disaffirmed, on alleged misrepresentation and fraudulent concealment, a sale of goods made in December, 1884, to Charles Hawkins, a retail merchant, brings trover against appellees, who purchased spme of the goods from Hawkins. On the trial, the plaintiff offered to prove, that about the time the defendants purchased the goods, it was generally known in Gadsden, where they and Hawkins resided, that he was a common mercantile swindler. While proof of notoriety of a fact in a community in which a party resides is admissible, for the purpose of bringing home to such-party…
2Cases cited1 opinion
- Ledbetter v. WalkenSupreme Court of Alabama · 1857
3Cited by13 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MooreIndiana Supreme Court · 1907
- Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1890
- Street v. TreadwellSupreme Court of Alabama · 1919
- Dunlap v. DenisonSupreme Court of Kansas · 1911
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