Beyer & Son v. Fields
Supreme Court of Alabama
Appeal from the Circuit Court of Cullman. Tried before the Hon. O. Kyle. This was a,n action of trover, brought by the appellee, A. E .Fields, agains the appellants, F. Beyer & Son, to recover damages for. the alleged wrongful conversion by the defendant of one bale of cotton, by buying the same from Mrs. S. J. McAlpine, on. which bale of cotton plaintiff had a mortgage.
Read the full summary
Appeal from the Circuit Court of Cullman. Tried before the Hon. O. Kyle. This was a,n action of trover, brought by the appellee, A. E .Fields, agains the appellants, F. Beyer & Son, to recover damages for. the alleged wrongful conversion by the defendant of one bale of cotton, by buying the same from Mrs. S. J. McAlpine, on. which bale of cotton plaintiff had a mortgage. It was shown by the evidence that Mrs. S. J. McAlpin¡e had given to the plaintiff a mortgage upon her crop for tire year 1896; that Mrs. McAlpine carried the bale of cotton which was involved in this controversy to the city…
1Opinion of the CourtSharpe, J.
Tlie decision in Belser v. Youngblood, 103 Ala. 545, shows the trial court was in error in rejecting defendants’ offer to prove that Kinney held a first mortgage on the cotton in question and that they bought, the cotton from the mortgagor after she had carried it to Kinney and had been directed by him to sell it and bring him the money. Kinney if he had such a mortgage was entitled to receive the cotton, and with the mortgagor’s consent to dispose of it by private sale, subject stlo accountability for so much as its value exceeded the sum secured by his mortgage; and evidence of the kind…
2Cases cited2 opinions
- Keith & Son v. HamSupreme Court of Alabama · 1890
- Belser v. Youngblood & SonsSupreme Court of Alabama · 1893
3Cited by4 opinions
- Pure Milk Co. v. SalterSupreme Court of Alabama · 1932
- C. D. Chapman & Co. v. MetcalfSupreme Court of Alabama · 1910
- Harris, Cortner & Co. v. Union Cotton Oil Co.Supreme Court of Alabama · 1922
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911