Central of Georgia R'y Co. v. Montmollen
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Heard before Hon. J. G. Richardson. This was an action begun by appellee against appellant for the value of a box of tools, which is alleged to have been delivered to appellant but never by it delivered to appellee. It was shown that' the box of tools was delivered to the A. & B. R. R. Co., at Cordele, Ga., and Avas delivered by this company to the appellant at Montezuma, Ga.
Read the full summary
Appeal from Montgomery Circuit Court. Heard before Hon. J. G. Richardson. This was an action begun by appellee against appellant for the value of a box of tools, which is alleged to have been delivered to appellant but never by it delivered to appellee. It was shown that' the box of tools was delivered to the A. & B. R. R. Co., at Cordele, Ga., and Avas delivered by this company to the appellant at Montezuma, Ga. After the suit was brought, a box of tool's Avithout mark was found in defendant’s warehouse at Fort Valley, Ga., Avhicli Avas sent to Montgomery and tendered to appellee, after…
1Opinion of the CourtAnderson, J.
“A failure by the carrier to deliver goods within a reasonable time does not establish a conversion, but is a mere breach of contract; and the consignee cannot refuse to accept the goods on the ground of the delay and recover their full value, unless the delay destroyed the value of the goods entirely or caused Avhat is equivalent to a total loss.” — 5 Am. & Eng. Ency. Law, 221 ; Hutchinson on Carriers, § 775 ; Galveston Railroad v. Watson, 1 White & W. Civ. Cas. Ct. App. § 813 ; Shaw v. South C. R. R., 5 Rich. Law (S. C.) 462, 57 Am. Dec. 768. A mere delay being no conversion, the consignee…
2Cases cited2 opinions
- Baumbach v. Gulf, Colorado & Santa Fe Railway Co.Court of Appeals of Texas · 1893
- G., C. & S. F. R'y Co. v. BootonCourt of Appeals of Texas · 1890
3Cited by5 opinions
- Eastern Shore of Virginia Produce Exchange, Inc. v. New York Cent. R.Court of Appeals for the Fourth Circuit · 1938
- Hill v. Southern Railway Co.Alabama Court of Appeals · 1912
- Atlantic Coast Line R. Co. v. Enterprise Oil Co.Supreme Court of Alabama · 1924
- L. & N. R. R. v. McKenzieAlabama Court of Appeals · 1912
- Southern Railway Co. v. MoodySupreme Court of Alabama · 1907