Hudmon Bros. v. DuBose
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. This action was brought by E. P. DuBose against the appellants, to recover damages for their alleged conversion of two bales of cotton; and was commenced on the 15th April, 1881. The defendants pleaded not guilty, aim a special plea averring that they received the cotton as warehousemen, for; storage only, and delivered it up on production of their re-; ceipt, without notice of plaintiff’s right…
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Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. This action was brought by E. P. DuBose against the appellants, to recover damages for their alleged conversion of two bales of cotton; and was commenced on the 15th April, 1881. The defendants pleaded not guilty, aim a special plea averring that they received the cotton as warehousemen, for; storage only, and delivered it up on production of their re-; ceipt, without notice of plaintiff’s right or ’claim; and issue was joined on both of these pleas. The cotton was raised in Macon county, during the year 1880, on…
1Opinion of the CourtBomekyille, J.
In Lee v. Matthews, 10 Ala. 682; s. c., 44 Amer. Dec. 498, decided as far back as 1846, the rule was settled by this court, in accordance with the English authorities, that an agent, who intermeddles with the goods of another, is guilty of a conversion, if the same act of intermeddling by his principal would, under like circumstances, have rendered the latter liable in trover. It was! said by Ormond, J., that “every act of intermeddling with, the goods of another is a conversion; and it is no answer to the true owner, that the person so receiving the goods was *448ignorant of his title, or that…
2Cases cited6 opinions
- Perminter v. KellySupreme Court of Alabama · 1851
- Nelson v. IversonSupreme Court of Alabama · 1850
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Lee v. MathewsSupreme Court of Alabama · 1846
- Heflin v. SlaySupreme Court of Alabama · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Varney v. CurtisMassachusetts Supreme Judicial Court · 1913
- Geneva Gin & Storage Co. v. RawlsSupreme Court of Alabama · 1940
- Truss v. HarveySupreme Court of Alabama · 1898
- Birmingham Loan Co. v. KlinnerAlabama Court of Appeals · 1957
- Pippin v. Farmers' Warehouse Co.Supreme Court of Alabama · 1910
6 more not listed; retrieve them via the Exa API.