Tarleton v. Johnson
Supreme Court of Alabama
Trover by William Johnson, as surviving partner of the late firm of McCoy & Johnson, against the appellants, for the conversion of thirty-eight bales of cotton. The pleas were, the general issue, and the statute of limitations of six years. On the trial, the plaintiff offered in evidence the record of a suit in detinue, brought by said McCoy & Johnson against Holmes, Bott & Earle.
Read the full summary
Trover by William Johnson, as surviving partner of the late firm of McCoy & Johnson, against the appellants, for the conversion of thirty-eight bales of cotton. The pleas were, the general issue, and the statute of limitations of six years. On the trial, the plaintiff offered in evidence the record of a suit in detinue, brought by said McCoy & Johnson against Holmes, Bott & Earle. The defendants having objected to the introduction of this record, because they were neither parties nor privies to it, the plaintiff offered to prove that said Holmes, Bott & Earle were mere bailees of the…
1Opinion of the Court
CHILTON, 0. J. —
William Johnson, as survivor of the late firm of McCoy & Johnson, brought an action of trover against the appellants to recover thirty-eight bales of cotton, alleged to have been converted by them.
It appears that these thirty-eight bales were a portion of a lot of cotton which had previously been recovered by McCoy & Johnson in an action of detinue against the firm of Holmes, Bott& Earle, (see the case reported in 20 Ala. 518,) and that the sheriff, in taking replevy bonds from Holmes, Bott & Earle in that suit, liad omitted to insert these thirty-eight bales, but had returned…
2Cases cited7 opinions
- Marsh v. PierSupreme Court of Pennsylvania · 1833
- Case v. ReeveNew York Supreme Court · 1817
- Manny v. HarrisNew York Supreme Court · 1806
- Kilheffer v. HerrSupreme Court of Pennsylvania · 1828
- State Bank v. EdwardsSupreme Court of Alabama · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Hughes v. CoxSupreme Court of Alabama · 1992
- White v. HillSupreme Court of Alabama · 1912
- Milbra v. Sloss-S. S. & I. Co.Supreme Court of Alabama · 1913
- Mobile & Montgomery Railway Co. v. YeatesSupreme Court of Alabama · 1880
19 more not listed; retrieve them via the Exa API.