Cobb v. Malone & Collins
Supreme Court of Alabama
Appeal from the Circuit Court of Geneva. Tried before the Hon. Jesse M. Carmichael. This action was brought by A. A. Cobb, against Malone & Collins as partners, to recover special damages for an alleged conversion by defendants of a bale of cotton, on which plaintiff claimed a lien under a mortgage for advances, of which lien he alleged that the defendants had notice when they received and sold the bale of cotton; and was commenced on the 6th October, 1887. The case was…
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Appeal from the Circuit Court of Geneva. Tried before the Hon. Jesse M. Carmichael. This action was brought by A. A. Cobb, against Malone & Collins as partners, to recover special damages for an alleged conversion by defendants of a bale of cotton, on which plaintiff claimed a lien under a mortgage for advances, of which lien he alleged that the defendants had notice when they received and sold the bale of cotton; and was commenced on the 6th October, 1887. The case was tried on issue joined on the plea of not guilty, and resulted in a verdict for the defendants. On the trial, as the bill of…
1Opinion of the CourtStone, C. J.
The record before us contains a meagre presentation of the facts, and fails to affirm it contains all the evidence. In such case, it is our duty to indulge every reasonable intendment in favor of the correct ruling of the trial court, which is compatible with the averments and recitals found in the record. Error can not be presumed, but must be affirmatively shown.' — 3 Brick. Dig. 406, § 40.
One of the grounds, if not the main ground of defense in this case, was, that after Crutchfield had sold to Malone & Collins the bale of cotton on which Cobb had a mortgage lien, Crutchfield executed a…
2Cases cited1 opinion
- Carew & Son v. LillienthallSupreme Court of Alabama · 1873