Cochrane v. McDermott Advertising Agency
Alabama Court of Appeals
Appeal from Mobile Law and Equity Court. Heard before Hon. Saeeold Berney. Assumpsit and trover by the McDermott Advertising Agency against John T. Cochrane. Judgment for plaintiff and defendant appeals. Construing counts 2 and 3 most favorably to the pleader it must be inferred that the property alleged to have been converted or taken was a part of the freehold and not subject to an action of trover. — Tluoeatt v. Stamn, 67 Ala. 96; Wentz v. Fincher, 55 Ala.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saeeold Berney. Assumpsit and trover by the McDermott Advertising Agency against John T. Cochrane. Judgment for plaintiff and defendant appeals. Construing counts 2 and 3 most favorably to the pleader it must be inferred that the property alleged to have been converted or taken was a part of the freehold and not subject to an action of trover. — Tluoeatt v. Stamn, 67 Ala. 96; Wentz v. Fincher, 55 Ala. Dec. 416. The question really at issue was the legal ownership of the bill board, and under the facts in this case the defendant was an…
1Opinion of the CourtPelham, J.
Appellees in the court below filed suit declaring in different counts of the complaint on account and in trover. The second and third counts of the complaint, after demurrers had been sustained to them, were amended, and as amended read as follows:
“(2) The plaintiffs claim of the defendant the sum of three hundred dollars ($300.00) as the value of two *123billboards, the property of the plaintiffs, which were appropriated by the defendant to his own use on, to wit, June 25, 1911, but not paid for by him, together .with interest since, to wit, June 25, 1911, which sums of money, and interest, are…
2Cases cited7 opinions
- Harris v. PowersSupreme Court of Alabama · 1876
- Landon v. PlattSupreme Court of Connecticut · 1868
- Wheeler v. StateSupreme Court of Alabama · 1895
- State v. MageeSupreme Court of Louisiana · 1896
- Fulp v. . Power Co.Supreme Court of North Carolina · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Burbridge v. TherrellSupreme Court of Florida · 1933
- Dr. Gerald G. Woodruff, Jr. v. Southeastern Fire Insurance Co.Court of Appeals for the Fifth Circuit · 1970
- Mobile Cab Baggage Co. v. Texas CompanySupreme Court of Alabama · 1954
- Cryar v. OgleAlabama Court of Appeals · 1923
- Schiltz v. FergusonSupreme Court of Iowa · 1930
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