Hudson v. Bauer Grocery Co.
Supreme Court of Alabama
Appeal from the City Court Birmingham. Tried before the Hon. W. W. Wilkerson. This was an action of trover, and was instituted by the Bauer Grocery Company against B. B. Hudson and George M. Hudson on April 23, 1893, to recover damages for the alleged conversion by the defendants of certain goods described in the complaint, which had been purchased from the plaintiff, a business corporation of St. Louis, Mo., in the latter part of March, 1893, by one J. T. Harris.
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Appeal from the City Court Birmingham. Tried before the Hon. W. W. Wilkerson. This was an action of trover, and was instituted by the Bauer Grocery Company against B. B. Hudson and George M. Hudson on April 23, 1893, to recover damages for the alleged conversion by the defendants of certain goods described in the complaint, which had been purchased from the plaintiff, a business corporation of St. Louis, Mo., in the latter part of March, 1893, by one J. T. Harris. Part of the goods were sold on March 18, and the other part on March 26, 1892, on a credit of 30 and 60 days. The aggregate value…
1Opinion of the CourtMcCLELLAN, J.
One material inquiry on the trial below was whether J. T. Harris was insolvent or m fail-circumstances when he purchased goods from the Bauer Grocery Co., on the 18th and 26th days of March, 1892. As pertinent to that inquiry, it can not be doubted that the evidence of Overstreet, Scott, Didlake and Marcks, to the effect that checks drawn about that time by said Harris individually and as a member of the firm of Harris Bros, were dishonored and thrown out by the banks upon which they were drawn, was properly allowed to *208go to the jury.—Brown v. Montgomery, 20 N. Y. 287.
Another material inquiry…
2Cases cited5 opinions
- Brown v. . MontgomeryNew York Court of Appeals · 1859
- Price v. Mazange & Co.Supreme Court of Alabama · 1858
- Kyle v. WardSupreme Court of Alabama · 1886
- Branch Bank at Montgomery v. ParkerSupreme Court of Alabama · 1843
- Traywick v. Keeble & Co.Supreme Court of Alabama · 1890
3Cited by15 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Sharp v. EdwardsSupreme Court of Alabama · 1919
- Maxwell v. Brown Shoe Co.Supreme Court of Alabama · 1896
- MacMahon v. DozierSupreme Court of Alabama · 1939
- Wade v. StateAlabama Court of Appeals · 1921
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