Watkins ex rel. Batre v. Durand
Supreme Court of Alabama
. Error from Mobile Circuit Court — Before the Hon. Show L. Perry. This was an action of assumpsit, to recover the value of certain guns, which had been placed in the store of the defendant in error, to be sold at auction.
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. Error from Mobile Circuit Court — Before the Hon. Show L. Perry. This was an action of assumpsit, to recover the value of certain guns, which had been placed in the store of the defendant in error, to be sold at auction. The plaintiff below, proved that an insurance had been effected by Durand, on all the goods deposited with him, including the guns now in question ; and that he had desci ibed the same in the policy, as “ goods belonging to himself, or held in trust, or on commission.” That on the destruction of the goods, by fire, Durand had received the full amount of the insurance, being…
1Opinion of the Court
Ey Mr. Justice Sapfold :
This action was assumpsit, for money had and received, &.c.; brought by Watkins, for the use of C. & A. Batre, against the present defendant, in the Circuit Court of Mobile. A trial was had on the general issue, in which the defendant prevailed. A bill of exceptions taken on the trial, discloses the following facts, as the foundation of the action.
Fifty eight guns, the property of the plaintiff, had been, placed by him in the defendant’s store, to be sold at auction. The defendant had caused the same, with other goods, amounting to more than three thousand dollars, to…
2Cited by4 opinions
- United States Fidelity & Guaranty Co. v. SlifkinDistrict Court, N.D. Alabama · 1961
- Houston Canning Co. v. Virginia Can Co.Supreme Court of Alabama · 1924
- Miles v. MilesSupreme Court of Alabama · 1924
- Snow v. CarrSupreme Court of Alabama · 1878