Weil Bros. v. Ponder
Supreme Court of Alabama
Appeal from tlie Circuit Court of Lee. Tried before the Hon. N. I). Denson. This was an action of trover brought by the appellee, B. F. Ponder, against the appellants, Weil Brothers. The only question presented for review on the present appeal arose upon the ruling's of the trial court upon the pleadings. The complaint as filed contains four counts.
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Appeal from tlie Circuit Court of Lee. Tried before the Hon. N. I). Denson. This was an action of trover brought by the appellee, B. F. Ponder, against the appellants, Weil Brothers. The only question presented for review on the present appeal arose upon the ruling's of the trial court upon the pleadings. The complaint as filed contains four counts. The first and third counts were substantially in the statutory form for an action of trover. . The second count, after claiming damages for that the plaintiff had bought from certain named parties several bales of cotton specifically described,…
1Opinion of the CourtTyson, J.
Counts 2 and 4 do not aver that the persons to whom it is alleged the warehouse receipts, were issued and from whom the plaintiff purchased the cotton, were the owners of the cotton. Nor is it otherwise averred that the plaintiff was the owner of it. Those grounds of demurrer interposed to these counts that they do not show title to the property alleged to have been converted should have been sustained.
A majority of the court hold the opinion that an endorsement of the receipts was not necessary to transfer title to the cotton by the vendors to the plaintiff. In this I cannot concur. It will…
2Cases cited6 opinions
- Allen, Bethune & Co. v. Maury & Co.Supreme Court of Alabama · 1880
- Alabama State Bank v. BarnesSupreme Court of Alabama · 1886
- Lehman, Durr & Co. v. MarshallSupreme Court of Alabama · 1872
- Capehart v. MillsSupreme Court of Alabama · 1892
- Baker v. Malone & SonsSupreme Court of Alabama · 1899
1 more not listed; retrieve them via the Exa API.
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- Peoples Savings Bank & Trust Co. v. Huttig Manufacturing Co.Alabama Court of Appeals · 1911
- Abercrombie v. PellSupreme Court of Alabama · 1938
3 more not listed; retrieve them via the Exa API.