Voss & Co. v. Robertson, Brown & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before Hon. John Elliott. On the 18th day of March, 1868, one J. A. Powell, being indebted to Eobertson, Brown & Co., the appellees, in the sum of $370 72-100, they, on that day, sued out an attachment against him, which was immediately levied upon twelve bales of cotton, which were delivered to appellants upon making the statutory affidavit that they had a just claim thereto, and executing the proper bond, &c.
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Appeal from the Circuit Court of Mobile. Tried before Hon. John Elliott. On the 18th day of March, 1868, one J. A. Powell, being indebted to Eobertson, Brown & Co., the appellees, in the sum of $370 72-100, they, on that day, sued out an attachment against him, which was immediately levied upon twelve bales of cotton, which were delivered to appellants upon making the statutory affidavit that they had a just claim thereto, and executing the proper bond, &c. Powell having failed to appear at the trial term, judgment by default was rendered against Mm, and trial was bad of the right of property…
1Opinion of the CourtB. F. Saffold, J.
A line of separation between the respective rights of a principal, and of a third party, to protection against each other on account of the tort of an agent, is not easily defined. One who has clothed his agent with all the apparent muniments of an absolute title, and authorized him to dispose of the property, as sole owner, ought rather to suffer than one whom his conduct has enabled his agent to impose on. On the other hand, immunity to the third person on account of innocence of intention merely, would destroy all rights of property. One who deals with another respecting property, must be…
2Cases cited1 opinion
- Bott v. McCoySupreme Court of Alabama · 1852
3Cited by12 opinions
- Alexander v. Mobile Auto Co.Supreme Court of Alabama · 1917
- Curry v. WoodwardSupreme Court of Alabama · 1875
- Moore & Co. v. RobinsonSupreme Court of Alabama · 1878
- Commercial Bank v. HurtSupreme Court of Alabama · 1892
- Beck v. CrowSupreme Court of Alabama · 1920
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