Rice v. Garnett
Alabama Court of Appeals
Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Detinue by Ophelia Rice against W. W. Garnett, to recover a diamond ring. Judgment for defendant, and plaintiff appealed. Counsel rely on following authorities: Section 5295, Code 1907; 22 A. & E. Ency. Law, 852 ; 81 Cyc. 7S7; 103 Ala. 150, 15 South. 527; 83 Ala. 357, 3 South. 369; 69 Ala. 369; 21 Ala. 322 ; 25 Md. 424; 53 N. Y. 19; 114 Minn. 1, 130 N. W. 250, Ann Cas. 1912B, 957.
1Opinion of the CourtSamford, J.
Plaintiff borrowed from defendant $20 and as security for its repayment within 30 days delivered to defendant one diamond ring, together with a writing in the following words:
“Decatur, Ala., 3/23/1917.
“I this day sell to W. W. Garnett one diamond ring for $23.50. Can be bought back in thirty days. [Signed] Ophelia Rice.”
Within the 30 days plaintiff made tender of the amount due, and demanded the return of the ring. The defendant refused to accept the tender, and refused to deliver the ring. The court gave, at the request of defendant, the general charge.
[1, 2] It is insisted, for appellant,…
2Cases cited3 opinions
- Frank v. PickensSupreme Court of Alabama · 1881
- Abel v. StateSupreme Court of Alabama · 1891
- Merritt v. StateSupreme Court of Alabama · 1877
3Cited by4 opinions
- Hammond v. ReevesNew Mexico Court of Appeals · 1976
- State v. BraggAlabama Court of Appeals · 1951
- Derby v. BellAlabama Court of Appeals · 1928
- Ex Parte GarnettSupreme Court of Alabama · 1920