Merchants National Bank v. Bales
Supreme Court of Alabama
Detinue. Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Detinue by H. S. Bales against the Louisville & Nash-vills Bailroad Company, in which the Merchants’ National Bank of Lawrence, Kan., intervened. From a judgment for plaintiff, intervener appeals. This is an action of detinue begun by appellee' against the Louisville & Nashville Railroad Company to recover a car load of apples in barrels and damages for their use and detention.
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Detinue. Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Detinue by H. S. Bales against the Louisville & Nash-vills Bailroad Company, in which the Merchants’ National Bank of Lawrence, Kan., intervened. From a judgment for plaintiff, intervener appeals. This is an action of detinue begun by appellee' against the Louisville & Nashville Railroad Company to recover a car load of apples in barrels and damages for their use and detention. The Louisville & Nashville Railroad Company filed a sworn statement that they held the áp-, pies only as a common carrier of freight; that they…
1Opinion of the CourtHaralson, J.
— The evidence warrants the conclusion that Greenlees’ agent obtained possession of the car lead of apples sued for without the consent of Bales, the owner, or any one authorized to bind him; that the hill of lading issued in Greenlees’ name at Wytheville, Va., was also procured tortiously. The owner, therefore, had the right to reclaim the property wherever found. The transfer of the bill of lading to the defendant bank, while operating as a symbolical delivery of Greenlees’ title and possession, could pass no higher title than if Greenlees had delivered the property in .any other way. A…
2Cases cited6 opinions
- Wortham v. GurleySupreme Court of Alabama · 1883
- Commercial Bank v. HurtSupreme Court of Alabama · 1892
- Jasper Trust Co. v. K. C., M. & B. R. R.Supreme Court of Alabama · 1892
- Moore v. RandolphSupreme Court of Alabama · 1875
- Heard v. HicksSupreme Court of Alabama · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- People's Bank & Trust Co. v. WalthallSupreme Court of Alabama · 1917
- Louisville N. R. Co. v. JamesSupreme Court of Alabama · 1920
- Peoples Savings Bank & Trust Co. v. Huttig Manufacturing Co.Alabama Court of Appeals · 1911
- Hensley v. OrendorffSupreme Court of Alabama · 1907
- Kinney v. GlennSupreme Court of Alabama · 1940
4 more not listed; retrieve them via the Exa API.