E. E. Forbes Piano Co. v. Wilson
Cases that cite this one
3 later published cases cite this decision.
- Bolinger v. National Cash Register Co. (Ohio Ct. App. 1936)
- Commercial Inv. Trust, Inc. v. East (Ala. 1927)
- Cable Co. of Alabama v. Stewart (5th Cir. 1911)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Action of detinue for a piano.
The special plea interposed by defendant was bad and the demurrer should have been sustained to it. The mere bringing of an action by plaintiff for the purchase price of a piano and recovering a judgment therefor, which is not averred to have been paid, does not operate to divest the plaintiff of its title to the property. This point was expressly decided by this court in Tomason v. Lewis, 103 Ala. 426, 15 So. Rep. 830. There is a dictum in Davis v. Millings, 141 Ala. 378, 37 So. Rep. 737, consisting of a quotation from the Encyclopedia of Law which is opposed to this view, but which is not the law in this jurisdiction.
Beversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.