Singer Manufacturing Co. v. Belgart
Supreme Court of Alabama
Appeal from Lowndes Circuit Court. Tried before Hon. Jas. W. Lapsley. This was an action of detinue brought by the appellant, The Singer Manufacturing Company against the appellee, L. Belgart, for the recovery of a gray mare.
Read the full summary
Appeal from Lowndes Circuit Court. Tried before Hon. Jas. W. Lapsley. This was an action of detinue brought by the appellant, The Singer Manufacturing Company against the appellee, L. Belgart, for the recovery of a gray mare. It was shown on the trial that the plaintiff originally owned the gray mare sued for in this action; that the plaintiff made a contract of employment with one Colson, and by written instrument leased and .rented the horse sued for to the said Colson for the purpose of enabling him to sell the machines of the company, which he had agreed to do in the contract of…
1Opinion of the CourtSomebyille, J.
The written agreement between the plaintiff corporation and Golson, bearing date in June, 1885, was clearly a mere letting for hire, or bailment of the horse in controversy, and nothing more. It conferred on the bailee no authority whatever to sell or exchange the animal, or otherwise dispose of it, even to a bona fide purchaser who was ignorant of his vendor’s want of title. — Medlin v. Wilkinson, 81 Ala. 147.
If this had been the only controlling inquiry in the cause, the refusal of the first and second charges requested by the plaintiff would have been error. But these charges were…
2Cases cited1 opinion
- Medlin v. WilkersonSupreme Court of Alabama · 1886
3Cited by4 opinions
- Boozer v. JonesSupreme Court of Alabama · 1910
- Ullman v. MyrickSupreme Court of Alabama · 1890
- Holloway v. HarperSupreme Court of Alabama · 1895
- University Chevrolet Co. v. Bank of MoundvilleAlabama Court of Appeals · 1933