Bent v. Jerkins
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. Jesse M. Carmichael. This was an action of trover, brought by the appellant, George P. Bent, against the appellee, W. J. Jerkins, to recover damages for the alleged conversion of a piano.
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Appeal from the Circuit Court of Henry. Tried before the Hon. Jesse M. Carmichael. This was an action of trover, brought by the appellant, George P. Bent, against the appellee, W. J. Jerkins, to recover damages for the alleged conversion of a piano. The plaintiff, as a witness in his own behalf, testified that he was a manufacturer of organs and pianos, and that in the year 1891, he delivered the piano described in the complaint to T. M. Brantley & Sons under a contract in writing, signed by T. M. Brantley & Sons ,in which they agreed “to sell the same [said piano] for account of George P.…
1Opinion of the CourtMcOLELLAN, J.
Two facts distinguish this case from that of Cummins v. Beaumont, 68 Ala. 204. There, the bailee, Mrs. Phillips, had no authority to sell the piano. Here, Brantley & Sons were the consignees of the piano for the express purpose ef selling it. There, Mrs. Phillips was not a retail dealer in musical instruments, but a mere agent to solicit orders for such instruments to be filled directly by Cummins. Here Brantley & Sons were regular retail dealers in musical instruments, and had this piano in stock for sale to all appearances just as they had for sale any other instrument or article in that…
2Cases cited3 opinions
- Bros. v. Mobile & Ohio R. R.Supreme Court of Alabama · 1877
- Cummins v. BeaumontSupreme Court of Alabama · 1880
- Lawrence v. OwensMissouri Court of Appeals · 1890
3Cited by17 opinions
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- Al's Auto Sales v. MoskowitzSupreme Court of Oklahoma · 1950
- Glass v. Continental Guaranty Corp.Supreme Court of Florida · 1921
- Jones v. Commercial Investment TrustUtah Supreme Court · 1924
- Commercial Credit Co. Inc. v. ParkerSupreme Court of Florida · 1931
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