Nathan Bros. v. Shivers
Supreme Court of Alabama
Appeal from Hale Circuit Court. Tried before Hon. Geoimíe H. Craig. This was an action of trover, brought by Nathan Bros, against J. M. Shivers and A. M. Eowlkes, to recover damages for the alleged conversion of two barrels, containing seventy-nine 17-100 gallons of whiskey; was commenced on 30th July, 1879, and was tried on the plea of the general issue, with leave to give in evidence any special matter of defense, the trial resulting in a verdict and judgment for the…
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Appeal from Hale Circuit Court. Tried before Hon. Geoimíe H. Craig. This was an action of trover, brought by Nathan Bros, against J. M. Shivers and A. M. Eowlkes, to recover damages for the alleged conversion of two barrels, containing seventy-nine 17-100 gallons of whiskey; was commenced on 30th July, 1879, and was tried on the plea of the general issue, with leave to give in evidence any special matter of defense, the trial resulting in a verdict and judgment for the plaintiffs. As shown by the bill of exceptions, Nathan Bros, shipped from Philadelphia, Pennsylvania, on the 30th March,…
1Opinion of the CourtStone, J.
In form, the railroad, in the present case, appears to have pursued the letter of the law, in the matter of advertising and selling the packages or barrels, for the payment of the freight charges. We say the railroad, for all this was the act of the railroad, although in fact done through its agents or employes. To the railroad corporation the freight charges were due, the freight was in the railroad’s depot, and the cor*121poration, or its appointee or agent, could make tire sale. Corporations act by their agents or officers.- — Code of 1876, §§ 2140 et seq.
But in making such sale, good faith…
2Cases cited2 opinions
- Sarjeant v. BluntNew York Supreme Court · 1819
- Wright v. SpencerSupreme Court of Alabama · 1828
3Cited by1 opinion
- Brock v. Berry, Demoville& Co.Supreme Court of Alabama · 1901