Rolfe v. Huntsville Lumber Co.
Alabama Court of Appeals
Appeal from Morgan Circuit Court. Heard before lion. D. W. Speaks. Trover and Conversion by tlie Huntsville Lumber Company against C. C. Rolfe and another. Judgment for plaintiff and defendant appeals.
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Appeal from Morgan Circuit Court. Heard before lion. D. W. Speaks. Trover and Conversion by tlie Huntsville Lumber Company against C. C. Rolfe and another. Judgment for plaintiff and defendant appeals. The contract was purely executory and the legal title did not vest in the plaintiff. — Browning v. Hamilton, 42 Ala. 484; Robinson v. Hirschfelder} 59 Ala. 503. It ivas nothing more than a conditional acceptance. — 24 A. & E. Enc. of Law, 1091. The plaintiffs waived the tort. — Singer Mfg. Go. v. Greenleaf, 100 Ala. 272;-A. G. & St. L. v. Walley, 41 South. 134; 28 A. & E. Enc. of Law, 739. The…
1Opinion of the CourtThomas, J.
— The appellee, the Huntsville Lumber Company, brought this suit against Olifton O. Rolfe and Percy M. Rolfe, partners composing the firm of Rolfe Bros., for damages for the conversion of certain logs and certain money, Avhich the complaint alleges Avas at the time of the conversion the property of appellee. The complaint contains nine counts. The first four counts allege the Avrongful conversion by the appellants of certain logs, the property of the appellee, and the last five the Avrongful conversion by the appellants of certain money, the proceeds of certain logs or lumber, the property of…
2Cases cited6 opinions
- Joyce v. . AdamsNew York Court of Appeals · 1853
- Strong, Deemer & Co. v. DinninySupreme Court of Pennsylvania · 1896
- Tallassee Falls Mfg. Co. v. First National BankSupreme Court of Alabama · 1909
- Noles v. MarableSupreme Court of Alabama · 1874
- Martin v. HurlbutSupreme Court of Minnesota · 1864
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3Cited by4 opinions
- Smith v. Davenport & Co.Alabama Court of Appeals · 1915
- Birmingham Trust National Bank v. Herren (In Re Herren)United States Bankruptcy Court, N.D. Alabama · 1981
- Lewis v. Bank of MobileSupreme Court of Alabama · 1920
- Oden v. VaughnSupreme Court of Alabama · 1920