Loeb & Brother v. Flash Bros.
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This action was brought by Flash Brothers, a mercantile partnership, doing business in New Orleans, against Loéb & Brother, a mercantile partnership doing business in Montgomery, to recover damages for the conversion of five hogsheads of sugar and ten barrels of molasses ; and was commenced on 27th January, 1879. The case was tried on issue joined on the plea of not guilty.
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Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This action was brought by Flash Brothers, a mercantile partnership, doing business in New Orleans, against Loéb & Brother, a mercantile partnership doing business in Montgomery, to recover damages for the conversion of five hogsheads of sugar and ten barrels of molasses ; and was commenced on 27th January, 1879. The case was tried on issue joined on the plea of not guilty. The goods sued for were shipped by plaintiffs, from New Orleans, on or about the 26ih November, 1878, consigned to Munter & Brother, another…
1Opinion of the CourtStone, J.
— In instructing the jury as to the measure ot damages in this case — an action of trover — the City Court used the following language : “If the jury believe from the evidence that the sugar is worth now one cent per pound more, and the molasses ten cents per gallon more, than the prices stated in the account attached to the deposition of Flash, this additional, value should be added to the value stated in said account, and their verdict should be for the whole sum thus ascertained.” The prices stated in the account were the proximate value of the goods, when they went into the possession of…
2Cases cited15 opinions
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3Cited by29 opinions
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