Louisville & Nashville Railroad v. Walker
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. J. C. Richardson. This was an action of detinue brought by appellant against appellee.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. J. C. Richardson. This was an action of detinue brought by appellant against appellee. The defendant pleaded that he received the property sued 'for from the plaintiff, which was a cominon carrier, having the same in- possession by reason of a receipt of the same for transportation from New Orleans ‘to Montgomery, and that he was. required by the plaintiff to pay the freight and other charges incident to transportation before the same was delivered to him. That he paid the sum demanded by plaintiff and that the same had not…
1Opinion of the CourtHaralson, J.
1. This is the second appeal in this case. When the cause was here before (111 Ala. 233), the facts on which it was then determined, briefly stated by the court,- were, that “Walker C. Pfefferling shipped by the plaintiff as a common carrier, a car load of horses to Montgomery, consigned to themselves. The defendant, appellee, stated to the plaintiff, that he was the assignee of the consignees (Walker & Pfeffelin), and in this right claimed that the horses should be delivered to him. The plaintiff informed him of the amount of the costs and charges of transportation, and offered to deliver…
2Cases cited5 opinions
- Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
- Wittick v. TraunSupreme Court of Alabama · 1855
- Smith v. IngramSupreme Court of Alabama · 1890
- Culberson v. American Trust & Banking Co.Supreme Court of Alabama · 1894
- Walker v. Louisville & Nashville RailroadSupreme Court of Alabama · 1895
3Cited by7 opinions
- Holczstein v. Bessemer Trust & Savings BankSupreme Court of Alabama · 1931
- Lokey v. WardSupreme Court of Alabama · 1934
- Bruce v. Citizens National BankSupreme Court of Alabama · 1913
- Gibson v. Elba Exchange BankSupreme Court of Alabama · 1957
- Skelton v. WeaverSupreme Court of Alabama · 1957
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