Cothran v. Moore
Supreme Court of Alabama
Writ of error to the circuit court of Cherokee county. DECLARATION in assumpsit. Counts on acontract of bailment, and a count on a quantum meruit for the sale of goods. Pleas: non ssumpsit, pay ment, and set-off. The two first counts show a contract betwen the parties, that the defendant should receive certain goods on storage, and safely and securely keep them for the plaintiff.
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Writ of error to the circuit court of Cherokee county. DECLARATION in assumpsit. Counts on acontract of bailment, and a count on a quantum meruit for the sale of goods. Pleas: non ssumpsit, pay ment, and set-off. The two first counts show a contract betwen the parties, that the defendant should receive certain goods on storage, and safely and securely keep them for the plaintiff. The breach laid in both counts is substantially the same, and is that the goods were not safely and securely kept, but were lost, and not re-delivered to the plaintiff on request. At the trial the defendant requested…
1Opinion of the CourtGoldthwait, J.
— 1. A request to re-detiver the bailed goods is certainly not essential to enable a plaintiff to maintain his action, in every ease where the suit is on the contract of bailment; as in the event either of a tortious conversion or destruction of the goods; or even a loss through the negligence of the bailee. In these and many similar cases, evidence of the facts would dispense with the necessity of a request to deliver, for the contract is shown to be broken by such proof. It is possible, that in this case a repuest might have been ncessarv, but, as the bill of exceptions is silent with…
2Cases cited1 opinion
- Keath v. PattonSupreme Court of Alabama · 1829
3Cited by8 opinions
- Dill v. CampSupreme Court of Alabama · 1853
- Salomon v. StateSupreme Court of Alabama · 1856
- Sherrod v. RhodesSupreme Court of Alabama · 1843
- Waters v. SpencerSupreme Court of Alabama · 1853
- Jarrell v. LillieSupreme Court of Alabama · 1866
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