Carter, Dunbar & Co. v. Lehman, Durr & Co.
Supreme Court of Alabama
Appeal from the City Court of Decatur. Tried before the Hon. J. M. Bueord, as special judge. This action was brought by Lehman, Durr .& Co., suing as partners, against Carter, Dunbar & Co., another partnership, to recover damages for the alleged conversion of a promissory note; and was commenced in the Circuit Court of Morgan county, on the 8th January, 1889, and transferred to the City Court of Decatur by consent.
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Appeal from the City Court of Decatur. Tried before the Hon. J. M. Bueord, as special judge. This action was brought by Lehman, Durr .& Co., suing as partners, against Carter, Dunbar & Co., another partnership, to recover damages for the alleged conversion of a promissory note; and was commenced in the Circuit Court of Morgan county, on the 8th January, 1889, and transferred to the City Court of Decatur by consent. The note alleged to have been converted was for $200, executed by S. H. Morris, payable to J. H. Corsbie or order, on November 15th, 1887, indorsed by Corsbie to W. B. Wilhite, who…
1Opinion of the CourtClopton, J.
The undisputed facts are: Wiggins, Yest & Co., being indebted to Lehman, Durr & Co., the plaintiffs, transferred and delivered to them several notes on various persons, as collateral security for such indebtedness. Among tlie papers thus delivered was the note for the conversion of which this suit is brought. At the time of delivery, it was indorsed in blank by Wiggins, Yest & Co., having been so indorsed by the payee to Wilhite, and by Wilhite to them. While the note was in possession of plaintiffs, defendants called upon Wiggins, Yest & Co., for the settlement of a claim which they held…
2Cases cited4 opinions
- Blackman v. Lehman, Durr & Co.Supreme Court of Alabama · 1879
- Ferguson v. MorrisSupreme Court of Alabama · 1880
- Riggs v. Andrews & Co.Supreme Court of Alabama · 1845
- Simpson & Hall v. HinsonSupreme Court of Alabama · 1889
3Cited by3 opinions
- Bank v. Ohio Valley Furniture Co.West Virginia Supreme Court · 1905
- Gray v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1926
- Dawsey v. KirvenSupreme Court of Alabama · 1919