Garey v. Meagher & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. Nat. Cook. This action.was brought by the appellant, against the owners of the steamboat William Jones, jr., to recover the sum of |1550, with interest thereon, alleged to have been delivered to the defendants, in the city of Mobile, on the 23d December, 1853, to be delivered to Greenwood & Co., at Benton, in Lowndes county, and to have been lost by their negligence.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. Nat. Cook. This action.was brought by the appellant, against the owners of the steamboat William Jones, jr., to recover the sum of |1550, with interest thereon, alleged to have been delivered to the defendants, in the city of Mobile, on the 23d December, 1853, to be delivered to Greenwood & Co., at Benton, in Lowndes county, and to have been lost by their negligence. The defendants pleaded, “1st, the general issue; and, 2dly, that the money was not delivered to them as alleged in the complaint.”, “On the trial,” as the bill of…
1Opinion of the Court
STONE, J.—
In the case of Hosea v. McCrory, 12 Ala. 349, it was submitted to the jury to determine, whether “ it was the custom and usage for clerks (of steamboats) to carry (cash) letters;” and this court approved and affirmed a charge of the court in that ease, which asserted that, “ if the proof showed it was the custom and usage for clerks to carry letters, the clerk must be regarded as the agent of the master, and a delivery to the clerk was a delivery to the master.” In commenting on this charge, our predecessors said, “ this, we think, was a correct exposition of the law on this…
2Cases cited2 opinions
- Jewell v. CenterSupreme Court of Alabama · 1854
- Hosea v. McCrorySupreme Court of Alabama · 1847
3Cited by3 opinions
- Rickerson v. . Hartford Fire Ins. Co.New York Court of Appeals · 1896
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- McMichael v. Federal Printing Co.Appellate Division of the Supreme Court of the State of New York · 1910