Cobb v. Malone & Collins
Supreme Court of Alabama
Appeal from the Circuit Court of Geneva. Tried before the Hon. Jesse M. Carmichael. This action was brought by A. A. Cobb, against Malone & Collins as partners, to recover damages for an alleged conversion by them of a bale of cotton, on which plaintiff claimed a statutory lien for advances to make a crop; and was commenced on the 8th October, 1887. On the trial in the Circuit Court, to which the case wás removed by appeal, the plaintiff read in evidence the mortgage under…
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Appeal from the Circuit Court of Geneva. Tried before the Hon. Jesse M. Carmichael. This action was brought by A. A. Cobb, against Malone & Collins as partners, to recover damages for an alleged conversion by them of a bale of cotton, on which plaintiff claimed a statutory lien for advances to make a crop; and was commenced on the 8th October, 1887. On the trial in the Circuit Court, to which the case wás removed by appeal, the plaintiff read in evidence the mortgage under which he claimed the bale of cotton; which mortgage was executed by C. D. Crutch-field, in February, 1887, conveyed the…
1Opinion of the CourtMcCLELLAN, J.
On a former appeal in this cause, it was held that the acceptance by A. A. Cobb of a second mortgage from Crutchfield, in full satisfaction of the debt secured by a mortgage on property which Malone efe Collins had converted, and for damages on account of which conversion this suit was brought, operated a release of the latter, on the principle, that “a release of one is a discharge of all joint conversioners.” 86 Ala. 571. It was further determined on that appeal, that if the second mortgage was taken with the understanding that this suit should be dismissed in the event the sum secured by…
2Cases cited1 opinion
- Cobb v. Malone & CollinsSupreme Court of Alabama · 1888
3Cited by8 opinions
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- Torrance v. WellsSupreme Court of Alabama · 1929
- Kirkland v. NeeleyAlabama Court of Appeals · 1929
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