Marks v. Robinson & Ledyard
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Robinson & Ledyard, suing as partners, against Spencer C. Marks, to recover damages for the conversion of fourteen bales of cotton; and was commenced on the 5th June, 1885. The record does not show what pleas were filed, but a trial was had on issue joined, which resulted in a verdict and judgment for the plaintiffs, for $708.40. The cotton was raised during the…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Robinson & Ledyard, suing as partners, against Spencer C. Marks, to recover damages for the conversion of fourteen bales of cotton; and was commenced on the 5th June, 1885. The record does not show what pleas were filed, but a trial was had on issue joined, which resulted in a verdict and judgment for the plaintiffs, for $708.40. The cotton was raised during the year 1882, by J. P. Caffey, on a plantation in Lowndes county, which he had bought from one Murray; was brought by him, “in…
1Opinion of the CourtStone, C. J.
The present suit is an action of trover, and counts on an alleged tortious conversion of certain bales of cotton by Marks, the appellant, the pi@perty of the appellees. It is contended that, inasmuch as, to maintain trover, the plaintiff must show a legal right to the possession, the plaintiffs, Robinson & Ledvard, can net recover in this case, because their claim is, at most, but an equity. This contention is rested on the alleged fact, that before the mortgage of the crop was executed to Robinson ifcLedyard, Caffey, the mortgagor, had executed a prior mortgage to one Murray, on the same…
2Cases cited32 opinions
- Pease v. . SmithNew York Court of Appeals · 1875
- Spooner v. HolmesMassachusetts Supreme Judicial Court · 1869
- Carter v. ChambersSupreme Court of Alabama · 1885
- Comer v. SheehanSupreme Court of Alabama · 1883
- Hoffman v. CarowCourt for the Trial of Impeachments and Correction of Errors · 1839
27 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Harmon v. Dothan Nat. BankSupreme Court of Alabama · 1914
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Cone v. IvinsonWyoming Supreme Court · 1893
- Merchants & Planters Bank v. MeyerSupreme Court of Arkansas · 1892
- Mallory v. AgeeSupreme Court of Alabama · 1932
25 more not listed; retrieve them via the Exa API.