Stevenson & Herzfeld v. Whatley
Supreme Court of Alabama
Appeal from Clay Circuit Court-. Heard before Hon. John Pelham. Action by Stevenson & Herzfeld, a partnership, against M. H. Whatley and M. A. Mayo for the conversion by them of four mules. Judgment for defendants, and plaintiffs appeal. Plea 1 was as follows: “That the defendants are not guilty of a joint conversion of said property alleged in plaintiffs’ complaint.”
Read the full summary
Appeal from Clay Circuit Court-. Heard before Hon. John Pelham. Action by Stevenson & Herzfeld, a partnership, against M. H. Whatley and M. A. Mayo for the conversion by them of four mules. Judgment for defendants, and plaintiffs appeal. Plea 1 was as follows: “That the defendants are not guilty of a joint conversion of said property alleged in plaintiffs’ complaint.” The facts tend to show that the plaintiff firm loaned one G. L. Hadden $1,800, secured by a mortgage on certain oxen, mules, and other stock, among them the mules for the conversion of which recovery is sought. The other facts…
1Opinion of the CourtAnderson, J.
The trial court, at the request of the plaintiffs, gave certain charges, to the effect that the mortgage had not been paid and that plaintiffs were entitled to recover unless they authorized Hadden, the mortgagor, to sell the mules. This rendered any errors, if any there were, in ruling upon the evidence as to the foreclosure or payment of the mortgage, error without injury.
There was proof from which the jury could infer that the plaintiffs gave Hadden unconditional authority to sell the mules, and if this were true the defendant Whatley would be protected in buying them and in paying the…
2Cases cited3 opinions
- Glass v. Meyer, Son & Co.Supreme Court of Alabama · 1899
- Taylor v. SmithSupreme Court of Alabama · 1894
- Capital City Insurance v. CofieldSupreme Court of Alabama · 1901
3Cited by5 opinions
- Airheart v. GreenSupreme Court of Alabama · 1958
- Pace v. Louisville & Nashville RailroadSupreme Court of Alabama · 1910
- Security Bank Trust Co. of Memphis, Tenn. v. LaneySupreme Court of Alabama · 1926
- Johnson v. Coosa Mfg. Co.Alabama Court of Appeals · 1919
- Loval v. WolfSupreme Court of Alabama · 1912