Legal Opinion

Blackman v. Lehman, Durr & Co.

Supreme Court of Alabama

Decided December 15, 1879PublishedCited by 25 opinions

Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This action was brought by Homer Blackman, against Lehman, Durr & Co., to recover damages for the alleged conversion by the defendants of one hundred and eighty bonds, issued by the corporate authorities of the city of Troy, in aid of the Mobile and Girard Railroad.

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Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This action was brought by Homer Blackman, against Lehman, Durr & Co., to recover damages for the alleged conversion by the defendants of one hundred and eighty bonds, issued by the corporate authorities of the city of Troy, in aid of the Mobile and Girard Railroad. On the undisputed facts of the case, the court charged the jury, in effect, that the plaintiff was not entitled to recover; and this charge, to which an exception was duly reserved, is now assigned as error. The opinion states all the material facts.…

1Opinion of the CourtBricnell, C. J.

The action is trover, for the conversion of one hundred and eighty bonds of the city of Troy, for. the payment to bearer of the sum of one hundred dollars each, in ten annual installments, with interest at eight per cent, per annum from date, the 13th January, 1869. In December, 1869, eighty of these bonds were by the plaintiff deposited with his son-in-law, one M. B. Locke,, who was a merchant, banker, and factor, residing and doing business at Union Springs, the place of plaintiff’s residence. The remaining one hundred bonds had been deposited for plaintiff with the firm of Epping & Howard,…

2Cases cited20 opinions

  1. Murray v. LardnerSupreme Court of the United States · 1865
  2. Telegraph Co. v. DavenportSupreme Court of the United States · 1878
  3. Spooner v. HolmesMassachusetts Supreme Judicial Court · 1869
  4. Police Jury v. BrittonSupreme Court of the United States · 1873
  5. Welch v. . SageNew York Court of Appeals · 1872

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3Cited by25 opinions

  1. Speer v. Mayor of AthensSupreme Court of Georgia · 1890
  2. Washington County v. WilliamsCourt of Appeals for the Eighth Circuit · 1901
  3. Littlejohn v. LittlejohnSupreme Court of Alabama · 1916
  4. German-American National Bank v. LewisAlabama Court of Appeals · 1913
  5. First Nat. Bank of Montgomery v. Montgomery Cotton Mfg. Co.Supreme Court of Alabama · 1924

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