Thornhill v. O'Rear
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before Hon. J. H. McGuire, Special Judge. This is an action of detinue brought by W. L. Thorn-hill against Martin O’Rear to recover a watch. The defendant interposed the [ilea of the general issue. The affirmative charge was asked by the plaintiff and refused.
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Appeal from the Circuit Court of Walker. Tried before Hon. J. H. McGuire, Special Judge. This is an action of detinue brought by W. L. Thorn-hill against Martin O’Rear to recover a watch. The defendant interposed the [ilea of the general issue. The affirmative charge was asked by the plaintiff and refused. The defendant asked in writing the following charges which were given: “(2) If the jury believe from the evidence that on Monday Thornhill consented that Jim O’Rear should deliver the watch to Martin O’Rear, then their verdict must be for the defendant.” “ (3.) Unless the jury believe from…
1Opinion of the CourtHaralson, J.
All the authorities hold, if money or property be placed in the hands of a stake-holder, to abide the result of a bet, or as a forfeit to bind' parties to an illegal contract, while it remains in his hands, it may be arrested by the bailor before or after the happening of the event upon which the money is to be paid or the forfeiture depends. While in his hands, it is in *301transitu. - He is not a party to tlie illegal contract, and upon the revocation of bis authority, the money or property remains in his hands as a naked trustee for the .parties who plac'd it there.— Wood v. Duncan, 9 Port.…
2Cases cited10 opinions
- Keeble v. KeebleSupreme Court of Alabama · 1888
- Long v. Geo. Pacific Railway Co.Supreme Court of Alabama · 1890
- Morris v. HallSupreme Court of Alabama · 1868
- Walker v. GregorySupreme Court of Alabama · 1860
- Fisher v. HildrethMassachusetts Supreme Judicial Court · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- General Electric Co. v. Town of Fort DepositSupreme Court of Alabama · 1911
- Herren v. BeckSupreme Court of Alabama · 1935
- Gill Printing Co. v. GoodmanSupreme Court of Alabama · 1932
- McKleroy v. Gadsden Land & Improvement Co.Supreme Court of Alabama · 1899
- Williams v. ArmstrongSupreme Court of Alabama · 1900
3 more not listed; retrieve them via the Exa API.