Powell v. Robinson & Ledyard
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John. P. Hubbard. This action was brought by S. H. Powell against Robinson & Ledyard, warehousemen in the city of Montgomery, to recover damages for their alleged conversion of two bales of cotton, which the plaintiff had stored with them, and which they afterwards surrendered and delivered under a judgment recovered against them by W. IT. Merritt.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John. P. Hubbard. This action was brought by S. H. Powell against Robinson & Ledyard, warehousemen in the city of Montgomery, to recover damages for their alleged conversion of two bales of cotton, which the plaintiff had stored with them, and which they afterwards surrendered and delivered under a judgment recovered against them by W. IT. Merritt. The facts of the case, as agreed on at the trial, are thus stated in the bill of exceptions; “ In November, 1883, the plaintiff stored with said defendants, as 'warehousemen, two…
1Opinion of the CourtClopton, J.
— The principles which, at common law, govern the relation of bailor and bailee, applicable to this case, are well settled. The bailee can not, in general, dispute the title of his bailor, and his duty, on the termination of the bailment, is to restore the property to the person from whom he received it; and if he delivers it, by negligence or design, to another, who is not entitled to it, it amounts to a conversion, for which he is responsible. Where he has notice that the property does not belong to his principal, a delivery to him will be a conversion, for which the true owner can hold him…
2Cases cited5 opinions
- Tarleton v. JohnsonSupreme Court of Alabama · 1854
- Calhoun v. ThompsonSupreme Court of Alabama · 1876
- McLelland v. RidgewaySupreme Court of Alabama · 1847
- Crosswell v. Lehman, Durr & Co.Supreme Court of Alabama · 1875
- Cook v. . HoltNew York Court of Appeals · 1872
3Cited by12 opinions
- White v. HillSupreme Court of Alabama · 1912
- Messerall v. FulwiderCalifornia Court of Appeal · 1988
- Young v. East Ala. Railway Co.Supreme Court of Alabama · 1885
- Lawrence v. United States Fidelity & Guaranty Co.Supreme Court of Alabama · 1933
- Riddle v. BlairSupreme Court of Alabama · 1906
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