Griel v. Marks, Fitzpatrick & Co.
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon.” John D. Cunningham. This action was brought by the appellants, who were merchants doing business as partners in the city of Montgomery, against Marks, Fitzpatrick & Co., partners and warehousemen in said city, to recover damages for the conversion of six bales of cotton. The cause was tried on issue joined on the plea of not guilty.
Read the full summary
Appeal from the City Court of Montgomery. Tried before the Hon.” John D. Cunningham. This action was brought by the appellants, who were merchants doing business as partners in the city of Montgomery, against Marks, Fitzpatrick & Co., partners and warehousemen in said city, to recover damages for the conversion of six bales of cotton. The cause was tried on issue joined on the plea of not guilty. It was proved on the trial, as appears from the bill of exceptions, that the cotton in controversy was raised by one Guy; was sent to town by him, on wagons driven by his two sons; was stored in the…
1Opinion of the CourtBrickell, J.
All the exceptions reserved are to charges given by the court on the request of the appellees, who were defendants in the court below. We do not understand the appellants as questioning the correctness of the legal proposition asserted in the first of these charges; that, to sustain the action of trover, the plaintiff must prove property in himself, and a right to the possession at the time of conversion by the defendant. The error of the charge is supposed to lie in the fact, that it is based on a partial view of the evidence, and diverted the attention of the jury from the consideration of…
2Cited by4 opinions
- Alabama Produce Co. v. SmithSupreme Court of Alabama · 1932
- Walker v. StateSupreme Court of Alabama · 1930
- Bibb v. MitchellSupreme Court of Alabama · 1877
- United States v. GriegoNew Mexico Supreme Court · 1902