Baker v. Troy Compress Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John R. Tyson. This was an action of trover brought by the appellant, E. A. Baker, against the appellee, the Troy Compress Company, to recover damages for the alleged conversion by defendant of a bale of cotton.
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Appeal from the Circuit Court of Pike. Tried before the Hon. John R. Tyson. This was an action of trover brought by the appellant, E. A. Baker, against the appellee, the Troy Compress Company, to recover damages for the alleged conversion by defendant of a bale of cotton. The evidence for the plaintiff tended to show that he was the proprietor of the Southern Warehouse in the city of Troy, Alabama, in the fall of 1893 ; that the bale of cotton was brought to said warehouse for which a receipt was given; and that after giving this receipt, the plaintiff purchased this bale of cotton, and took…
1Opinion of the Court
HEAD, J. —
The evidence was sufficient to require the *418case to go to the jury to determine whether or not the particular bale of cotton claimed by plaintiff was, by mistake, delivered out of plaintiff’s warehouse to the defendant, and by it wrongfully converted. The evidence was circumstantial, and the general charge could not have been properly given for either party.
If there was such a conversion by defendant, the plaintiff was not then the owner of the bale of cotton, he was at .least a bailee of the owner and entitled to maintain the action by reason thereof. The cotton being in his…
2Cited by4 opinions
- H. Curjel & Co. v. Hallett Mfg. Co.Supreme Court of Alabama · 1916
- Day v. AdcockAlabama Court of Appeals · 1914
- Carter v. FischerSupreme Court of Alabama · 1899
- Local Trademarks, Inc. v. RogersDistrict Court, N.D. Alabama · 1947