W. O. Broyles Stove & Furniture Co. v. Hines
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson Cotinty; Romain Boyd, Judge. Action by the W. O. Broyles Stove & Furniture Company against Walker D. Hines, as Director General operating the Southern Railway Company. From judgment for defendanf, plaintiff appeals.
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Appeal from Circuit Court, Jefferson Cotinty; Romain Boyd, Judge. Action by the W. O. Broyles Stove & Furniture Company against Walker D. Hines, as Director General operating the Southern Railway Company. From judgment for defendanf, plaintiff appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 450. The plaintiff shipped to Mrs. Peck, at Florence, Ala., furniture valued by them at $600. The shipment was made to plaintiff with bill of lading attached in the sum of $54, order notify Mrs. Peck, and the goods were delivered to her without the payment of the draft and bill of…
1Opinion of the CourtAnderson, C. J.
[1,2] While it is a well-settled legal principle that one who has a special as well as a general interest or title to personal property can maintain trover -for the conversion of same, it is also settled that one who has a special interest can only recover the value of his special interest in the property. McGowen v. Young, 2 Stew. & P. 160; Zimmerman v. Dunn, 151 Ala. 438, 44 South. 533. Especially does this rule apply to those plaintiffs in trover who sue for a general conversion and who merely hold a mortgage or lien upon the property converted. Seibold v. Rodgers, 110 Ala. 438, 18 South.…
2Cases cited4 opinions
- Ryan v. YoungSupreme Court of Alabama · 1906
- Seibold v. RogersSupreme Court of Alabama · 1895
- C. W. Zimmerman Mfg. Co. v. DunnSupreme Court of Alabama · 1907
- M'Gowen v. YoungSupreme Court of Alabama · 1832
3Cited by5 opinions
- Edwards v. EarnestSupreme Court of Alabama · 1921
- Long-Lewis Hardware Co. v. AbstonSupreme Court of Alabama · 1938
- Fletcher v. DeesSupreme Court of Florida · 1931
- Ex Parte AndersonSupreme Court of Alabama · 2003
- Ex Parte AndersonSupreme Court of Alabama · 2003