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· 12/5/1911

Cable Co. of Alabama v. Stewart

Citations

  • 191 F. 699
  • 112 C.C.A. 289
  • 1911 U.S. App. LEXIS 4975

Syllabus

<p>Sales (§ 473*) — Conditional Sales — 'Validity—Record Under Alabama Statute.</p> <p>Under Code Ala. 1907, § 3394, which provides that contracts for the conditional sale of personal property shall be void “against purchasers for a valuable consideration, mortgagees and judgment creditors without notice thereof,” unless in writing and recorded as therein prescribed, a written contract for the conditional sale of a piano, providing that title shall renin in in the seller until full payment of the purchase price “as evidenced by contract note of even date herewith,” which is complete in itself, showing the amount due thereon, the time of payment, and all facts necessary to fully inform any one investigating where the title is and the amount necessary to pay to effect the passing of tille, if properly recorded is effective to render the condition valid as against all third persons, and it is unnecessary to also record the note, which contains no provisions which make the contract essentially different in legal effect from that staled in the recorded instrument.</p> <p>[Ed. Nole. — For other cases, see Sales, Cent. Dig. §§ 1377-1390; Dee. Dig. § 473.*</p> <p>What constitutes a contract of conditional sale, see note to Dunlop v. Mercer, 86 C. C. A. 448.]</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that the fact “[t]hat the plaintiff may suffer some embarrassment or economic harm is not enough” to warrant anonymity”
  • “This court has both the duty and the right to ensure compliance with the Federal Rules and to take action necessary to achieve the orderly and expeditious disposition of cases.’’
  • \This court has both the duty and the right to ensure compliance with the Federal Rules and to take action necessary to achieve the orderly and expeditious disposition of cases\
  • “This court has both the duty and the right to ensure compliance with the Federal Rules and to take action necessary to achieve the orderly and expeditious disposition of cases.”
  • ‘This court has both the duty and the right to ensure compliance with the Federal Rules and to take action necessary to achieve the orderly and expeditious disposition of cases.”
  • “This court has both the duty and the right to ensure compliance with the Federal Rules and to take action necessary to achieve the orderly and expeditious disposition of cases.’’

Source: CourtListener parenthetical corpus (CC0).

Judges: Shelby

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