Legal Opinion

Stodder v. Grant & Nickels

Supreme Court of Alabama

Decided January 15, 1856PublishedCited by 12 opinions

Appeal from tbe City Court of Mobile. Tried before tbe Hon. Ales. McKinstry. This action was brought by Grant & Nickels, late partners, suing for tbe use of John D. Hutchinson, against David Stodder, to recover damages for tbe conversion of eighty boxes of tobacco.

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Appeal from tbe City Court of Mobile. Tried before tbe Hon. Ales. McKinstry. This action was brought by Grant & Nickels, late partners, suing for tbe use of John D. Hutchinson, against David Stodder, to recover damages for tbe conversion of eighty boxes of tobacco. Tbo defendant pleaded, 1st, tbe general issue; 2d, a special pica to which a demurrer was sustained, and which it is unnecessary to notice; 3d, “ that defendant is a general factor and commission merchant in Mobile, and said Grant & Nickels were merchants residing in Montgomery, and employed defendant as their factor and commission…

1Opinion of the CourtChilton, C. J.

1. We cannot regard the letters found in the record as any part of it, as they are not made a part of the bill of exceptions by any appropriate reference to them. It is needless, therefore, to discuss the question of lien, since the charges involving it are clearly abstract; and the decision of the court, sustaining a demurrer to the second plea, has not been assigned for error.

2. The last charge should have been given; for, assuming the facts to be as therein stated, the legal title to the tobacco vested in Hutchinson, the assignee of the plaintiffs, and the subsequent conversion would give…

2Cases cited1 opinion

  1. Leaird v. MooreSupreme Court of Alabama · 1855

3Cited by12 opinions

  1. Smith v. Tallassee Branch of Central Plank-Road Co.Supreme Court of Alabama · 1857
  2. Vinegar Bend Lumber Co. v. Chicago Title & Trust Co.Supreme Court of Alabama · 1901
  3. Dane v. GlennonSupreme Court of Alabama · 1882
  4. Garlington v. JonesSupreme Court of Alabama · 1861
  5. Padgett v. Gulfport Fertilizer Co.Alabama Court of Appeals · 1914

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