Legal Opinion

Lehman, Durr & Co. v. Bibb

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 1 opinion

Aepeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. Tbis action was brought by Allen Bibb and Lindsay Bibb against Lehman, Durr & Go., warehouse-men in the city of Montgomery, to recover damages for the conversion of two bales of cotton, which the defendants had received for storage from one Marx, and which the plaintiffs claimed and demanded of them.

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Aepeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. Tbis action was brought by Allen Bibb and Lindsay Bibb against Lehman, Durr & Go., warehouse-men in the city of Montgomery, to recover damages for the conversion of two bales of cotton, which the defendants had received for storage from one Marx, and which the plaintiffs claimed and demanded of them. The errors assigned are, several charges given by the court below at the instance of the plaintiffs, and the refusal of several charges asked by the defendants. cited Townsend & Milliken v. Gowles, 31 Ala. 428;…

1Opinion of the Court

MANNING, J. —

The bill of exceptions sets forth, among other things, that appellants, who were defendants in the court below, asked the court, at the trial of this cause, to give “each” of four several charges requested in writing, to the jury; “but the court refused to give either of said charges, and to such refusal the defendants excepted.” We are of opinion that this brings up for consideration each of said charges severally.

The action (trover) was brought to recover damages for the conversion of two bales of cotton, which one Marx had bought, and put in the warehouse of defendants, as his…

2Cases cited2 opinions

  1. Townsend v. CowlesSupreme Court of Alabama · 1858
  2. Foster v. WestmorelandSupreme Court of Alabama · 1875

3Cited by1 opinion

  1. Phœnix Insurance v. MoogSupreme Court of Alabama · 1886

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