Traywick v. Keeble & Co.
Supreme Court of Alabama
Trover l>y Vendor, against Sitb-Purchaser of Goods. Appeal from the Circuit Court of Butler. Tried before the Hon. John P. Hubbard. This action was brought by H. C. Keeble & Co., suing as partners, against T. W. Traywick, to recover dámages for the alleged conversion by the defendant of a quantity of goods, which the plaintiffs; who were wholesale merchants in Selma, had sold on credit to one W. R. Yeldell, and wliich the defendant claimed to have bought from said Yeldéll.
Read the full summary
Trover l>y Vendor, against Sitb-Purchaser of Goods. Appeal from the Circuit Court of Butler. Tried before the Hon. John P. Hubbard. This action was brought by H. C. Keeble & Co., suing as partners, against T. W. Traywick, to recover dámages for the alleged conversion by the defendant of a quantity of goods, which the plaintiffs; who were wholesale merchants in Selma, had sold on credit to one W. R. Yeldell, and wliich the defendant claimed to have bought from said Yeldéll. The plaintiffs claimed the right to rescind the contract of -sale, and to recover the goods, on the ground that Yeldell…
1Opinion of the CourtMcCLELEAN, J.
— The theory of the present action on the-part of plaintiffs is, that the property in controversy belonged to them. They claim that one Yeldell, being at the time insolvent,, and having-no intention of paying, nor reasonable expectation of being able to pay, for the goods, induced Keeble & Co., by false representations as to his ability and purpose *501to pay, to sell and deliver them to him ; that they, exercising the right which accrued to them from these facts, rescinded the sale, and revested the title in themselves; and that thereafter the defendant converted the property to his own use, to…
2Cases cited5 opinions
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
- LeGrand v. Eufaula National BankSupreme Court of Alabama · 1886
- Wollner & Lowenstein v. Lehman, Durr & Co.Supreme Court of Alabama · 1887
- Hornthall, Whitehead, Weissman & Co. v. SchonfeldSupreme Court of Alabama · 1885
3Cited by8 opinions
- Maxwell v. Brown Shoe Co.Supreme Court of Alabama · 1896
- Hudson v. Bauer Grocery Co.Supreme Court of Alabama · 1894
- Wilk v. Key, Simmons & Co.Supreme Court of Alabama · 1897
- Pelham v. Chattahoochee Grocery Co.Supreme Court of Alabama · 1906
- Buy This, Inc. v. MCI WorldCom CommunicationsDistrict Court, S.D. New York · 2002
3 more not listed; retrieve them via the Exa API.