Sellers & Co. v. Malone-Pilcher Co.
Supreme Court of Alabama
Appeal from- Houston. Circuit Court. Heard before Hon. H. A. Pearce. Action by N. L. Sellers & Co. - against tbe MalonePilcber Co., in trespass, trover and case. From a judgment for defendant plaintiff appeals. Tbe duty to make a tender may be waived. — 21 Ala. 782; 99 Ala. 90. Plaintiff bad tbe riglit to tender tbe money and then sue.— Frank, v. Pickens, 69 Ala. 369. Counsel discuss a motion to strike the bill of exceptions and cite authorities.
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Appeal from- Houston. Circuit Court. Heard before Hon. H. A. Pearce. Action by N. L. Sellers & Co. - against tbe MalonePilcber Co., in trespass, trover and case. From a judgment for defendant plaintiff appeals. Tbe duty to make a tender may be waived. — 21 Ala. 782; 99 Ala. 90. Plaintiff bad tbe riglit to tender tbe money and then sue.— Frank, v. Pickens, 69 Ala. 369. Counsel discuss a motion to strike the bill of exceptions and cite authorities. Tbe condition coupled with the tender destroyed its efficacy. — Wilhite v. Ryan, 66 Ala. 106; Commercial F. Ins. Co. r. Allen, 80 Ala. 670; Oclam v.…
1Opinion of the CourtHaralson, J.
In the original complaint there were two counts, one in trespass and the other in trover; the first, alleging that the defendant, Malone-Pilclier Company, wrongfully took, and the other that it converted, a. mule, the property of plaintiffs. The complaint was amended by adding a count — the third — in case, for destroying plaintiffs’ right to or lien on said mule, and the case ivas tried on this count.
The trial was had on the plea of the general issue; and the court, at the request of defendant, gave the general charge in its favor.
The case is here for review on this charge, and on errors…
2Cases cited5 opinions
- Bell v. ReynoldsSupreme Court of Alabama · 1885
- Frank v. PickensSupreme Court of Alabama · 1881
- Maxwell v. MooreSupreme Court of Alabama · 1891
- Wilhite v. RyanSupreme Court of Alabama · 1880
- Hamaker v. BynumSupreme Court of Alabama · 1902
3Cited by3 opinions
- Decker v. State Nat. BankSupreme Court of Alabama · 1951
- Maples v. MorringSupreme Court of Alabama · 1922
- J. E. Pinkham Lumber Co. v. C. W. Griffin Co.Supreme Court of Alabama · 1925