Lehman, Durr & Co. v. Marshall
Supreme Court of Alabama
Appeal from tbe City Court of Montgomery. Tried before Hon. John D. Cunningham. This was an action of trover brought by appellee against' appellants, to recover damages for tbe conversion of twenty-three bales of cotton, on tbe 1st of December, 1868. Tbe suit was commenced on tbe 8th of September, 1860, and at tbe October term, 1870, there was a jury trial and verdict in favor of tbe plaintiff.
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Appeal from tbe City Court of Montgomery. Tried before Hon. John D. Cunningham. This was an action of trover brought by appellee against' appellants, to recover damages for tbe conversion of twenty-three bales of cotton, on tbe 1st of December, 1868. Tbe suit was commenced on tbe 8th of September, 1860, and at tbe October term, 1870, there was a jury trial and verdict in favor of tbe plaintiff. Erom tbe bill of exceptions, it appears that G. W. Marshall, tbe plaintiff, on tbe 5th day of April, 1867, loaned to one Hamner, and McCoy and Turner, jointly, $1,300, to enable them to make a crop. To…
1Opinion of the CourtPeck, C. J.
1. The evidence offered by appellants (defendants in the court below) to prove the alleged custom in the city of Montgomery, was properly rejected. None but good customs have any validity. A custom that has a tendency to tempt parties to acts of wrong doing, bad faith, or dishonesty, can not be a good custom; A bad *376custom ought to be abolished. Malus usus est abolendus, 1 Wend. Blackst. 76.
It is certainly an act of bad faith apd dishonesty for a party intrusted with a warehouseman’s receipt for cotton, to be handed to the owner, to transfer it by delivery to a third person, without the…
2Cases cited12 opinions
- The Santissima Trinidad.Supreme Court of the United States · 1822
- Nelson v. IversonSupreme Court of Alabama · 1850
- Spivey v. StateSupreme Court of Alabama · 1855
- Henley v. BushSupreme Court of Alabama · 1859
- Wallis v. LongSupreme Court of Alabama · 1849
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3Cited by13 opinions
- Pennsylvania Railroad v. NaiveTennessee Supreme Court · 1903
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- Allen, Bethune & Co. v. Maury & Co.Supreme Court of Alabama · 1880
- Alabama State Bank v. BarnesSupreme Court of Alabama · 1886
- Rees v. CoatsSupreme Court of Alabama · 1880
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