Tamplin v. Still's Adm'r
Supreme Court of Alabama
Action for Money Had cmd Received under Deposit or Loan. Appeal from the Circuit Court of Bullock. Tried before the Hon. H. D. Clayton.
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Action for Money Had cmd Received under Deposit or Loan. Appeal from the Circuit Court of Bullock. Tried before the Hon. H. D. Clayton. This action was brought by Mrs. Julia A. Still, as the administratrix of her deceased husband, Benjamin Still, against James Tamplin ; and was commenced on- the 21st November, 1881. The original complaint contained a count in trover for the alleged conversion by the defendant, on the 8th September, 1881, of $1200 in gold, and a count for money and received; but the count in trover was struck out by amendment, after demurrer sustained for misjoinder, and a…
1Opinion of the CourtStone, C. J.
The testimony given for plaintiff in this cause tends to show, that Benjamin Still deposited the little bag, with its contents, with Tamplin, the appellant. There is not the slightest testimony tending to show it was a loan. If it was a deposit, it was a deposit for safe-keeping, not for use; and if so deposited, the presumption is he retained it, and retained it unaltered, until the proof shows the contrary. There being no proof that Tamplin made any use of whatever was *378deposited with him, if any thing, his liability for its'return will date from the time its return was demanded, and he…
2Cases cited1 opinion
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
3Cited by3 opinions
- Espalla v. Richard & SonsSupreme Court of Alabama · 1891
- Wheeler v. GlasgowSupreme Court of Alabama · 1892
- Carroll v. CarrollSupreme Court of Alabama · 1938