Hattemer v. Davis
Supreme Court of Alabama
Appeal from Circuit Court, Lowndes County; A. E. Gamble, Judge. Assumpsit by Jesse L. Hattemer, as executrix, against C. M. Davis. Judgment for defendant, and plaintiff appeals.
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Appeal from Circuit Court, Lowndes County; A. E. Gamble, Judge. Assumpsit by Jesse L. Hattemer, as executrix, against C. M. Davis. Judgment for defendant, and plaintiff appeals. As to the change of venue, it is alleged in effect that plaintiff does not reside in the county; that she has four other suits pending for the same cause of action, and that each defendant is a prominent business man, doing a large business and having considerable influence, and that each resides in a portion of the county from which the jurors are largely drawn, and that in this case the defendant is a member of the…
1Opinion of the CourtSomerville, J.
[1] The action is for money had and received by defendant to the use of plaintiff. Plaintiff held a chattel mortgage on all the cotton raised by McCrory Bros., which was duly recorded, and upon which a balance of about $11,000 was overdue in 1913, when the defendant bought some of said mortgaged cotton from said mortgagors and sold it for his own benefit, and retained the proceeds. On this state of facts plaintiff is clearly entitled to recover from defendant the proceeds of the mortgaged cotton bought and sold by him, if plaintiff did not authorize the sale by the mortgagors, and did not…
2Cases cited3 opinions
- Metcalf v. Clemmons-Powers & Co.Supreme Court of Alabama · 1917
- Clemmons, Powers & Co. v. MetcalfSupreme Court of Alabama · 1910
- Carrol Mercantile Co. v. FolmarAlabama Court of Appeals · 1915
3Cited by6 opinions
- INTERNATIONAL UNION, ETC. v. PalmerSupreme Court of Alabama · 1956
- American Book Co. v. StateSupreme Court of Alabama · 1927
- Braswell v. MoneySupreme Court of Alabama · 1977
- Butler & Gilchrist v. First Nat. BankAlabama Court of Appeals · 1928
- Kinney v. La FrangeAlabama Court of Appeals · 1955
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