Legal Opinion

McCord v. Rumsey

Alabama Court of Appeals

Decided November 14, 1922No. 5 Div. 411PublishedCited by 7 opinions

Appeal from Circuit Court, Coosa County; W. L. Longshore, Judge. Action by Z. D. McCord against R. L. Rum-sey, J. U. Bridges, and Cleve Hawkins. Prom a judgment granting motion for new trial and rendering judgment for defendants, plaintiff appeals. A bailor may maintain trover against a bailee, where the bailee uses the property for a different purpose'or for a longer time than was authorized by the bailment. 130 Ala. 299, 30 South. 342; 163 Ala. 314, 51 South. 14; 3 Ala.

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Appeal from Circuit Court, Coosa County; W. L. Longshore, Judge. Action by Z. D. McCord against R. L. Rum-sey, J. U. Bridges, and Cleve Hawkins. Prom a judgment granting motion for new trial and rendering judgment for defendants, plaintiff appeals. A bailor may maintain trover against a bailee, where the bailee uses the property for a different purpose'or for a longer time than was authorized by the bailment. 130 Ala. 299, 30 South. 342; 163 Ala. 314, 51 South. 14; 3 Ala. App. 294, 57 South. 382; 152 Ala. 626, 44 South. 1029. The conversion necessary to support trover is complete, when the…

1Opinion of the CourtSamford, J.

The plaintiff in the court below sued in three counts in Code form: First, for conversion of chattels; second, for the wrongful taking of chattels; and, third, for the taking of chattels without the owner’s consent. Defendant filed two pleas of the general issue, one of payment and several others.. Upon the trial of the cause before the judge, sitting without a jury, on June 22, 1921, judgment was rendered for plaintiff. On July 16, 1921, on motion of defendants, an order was entered setting this judgment aside, and one rendered in favor of defendants and from that judgment is this appeal.

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2Cases cited7 opinions

  1. Shipp v. SheltonSupreme Court of Alabama · 1915
  2. Liverpool London Globe Ins. Co. v. LoweSupreme Court of Alabama · 1922
  3. Ryan v. YoungSupreme Court of Alabama · 1906
  4. Ex Parte MargartSupreme Court of Alabama · 1922
  5. Southern Ry. Co. v. City of AttallaSupreme Court of Alabama · 1906

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Lewis v. MartinSupreme Court of Alabama · 1923
  2. Morris v. Corona Coal Co.Supreme Court of Alabama · 1926
  3. Ex Parte CunninghamAlabama Court of Appeals · 1924
  4. Merritt v. CarterSupreme Court of Alabama · 1942
  5. Lewis v. MartinSupreme Court of Alabama · 1923

2 more not listed; retrieve them via the Exa API.

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